Role changes while GC is in process


GChelp2013

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Hi,

I am seeking answers to some confusing questions while I discuss the topic of filing for a GC with my employer. I really appreciate your help and advice on this topic.

Background:

  • 6 years on my H1B visa expires in late 2014
  • Per the USCIS visa bulletin the current date for the EB2 category is in 2004
  • Questions below assume me staying with the same employer for the next 4-6 years at least

Questions:

  1. How far along the GC process can I change job-roles / get promoted without delaying or halting the GC process?
  2. I have heard that in case of change in jobs, the job description has to be significantly different to warrant a re-file for PERM. Based on what criteria are the two jobs compared for differences? Number of direct reports, change of team, change in salary? How different do these factors have to be to require a re-file?
  3. Is there a way to have the process flow smoothly without having to re-file for PERM over and over again over the 8 years (2004 current to today is 8 years approx.)?

I really appreciate your advice on this matter.

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If your employer agrees to file, you should discuss your questions with the attorney processing your case. Your questions are too general for a reliable answer. Your employer's attorney likely has had experiences in cases similar to yours and your specific field and future opportunities.

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