Is it possible to get a promotion (natural progression of career - just due to more experience - with same employer, almost same responsibilities)


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My perm (EB3 India) and I140 got approved, but I have a while to go for my priority date to be current. Job descriptions are 90+% the same - except for the promotion position requires two years of experience than my current one. I will be doing the same things and maybe a few additional responsibilities but fundamentally my day to day activities will not change. It is basically changing from Level2 position to Level 3 position (For promotion in our company a position gets posted and we apply for that position )



Questions:

1. Is it possible for me to get a promotion that would be a direct result of natural career progression due to me accumulating more years of experience with the same employer at the same work location? If yes, will my employer have to file for H1B amendment ?



2. A couple of US candidates applied for this job and were rejected because of communication, leadership skils etc however those skills are not called out in the job description ....our company lawyer is saying that that will be an issue since qualified US candidates applied for this position. Is that true ?



2. Since I cannot use AC21 until when my priority date becomes current, i485 is filed and 180 days have passed. Can I go to the next level at my job with an approved i140 (green card is supposed to be for a future job as far as I understand) and use the ac21 capapbility when eligible?

Thanks in advance for all your help

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