case with NVC employer can change mind

[rit123]

Here is my case

I got my masters in US. I got my H1 visa approved in septmber 2008 which expired on septmber 2011.

I worked for company A till june 2011 and then came to India to started a team for same company A ( its subsidiary india pvt ltd).

My I 140 has been filed in 2013 in EB1-C category and I 140 is approved with priority date of Aug 2013. It is current. My future job duties are almost similar to mine curently.

case is with NVC, fees is paid but still to submit DS-260.

 

1. My employer is unsure of the US position. he is not willing to give the offer letter.

2. other manager is same company A in US is offering me job but that is not managerial position but specialized skill though(knowledge of prduct, integration since last 7 years)

 

here are my question

1. can I get offer letter from other department manager and go for CP. will that work?

2. if I understand it correctly, my best case scenario is to get offer letter from my current manager , get through CP and then join the other non managerial job. since its in the same company?

3. if I can't get green card, can my company file for L1 visa  for this new position?

4. can my company still file cap expemted h1 visa and I can work on this non managerial position?

5. Piece of advise?

[rit123]

any reply plz

[Rabrakkha]

Hello there , I don't have the right answer to your question..but the first thing VO asked during CP interview was fresh job offer letter ,then she asked that have my duties changed in anyway since we applied for Perm , I replied NO ...my duties will remain same...so she checked my application and read from her computer. I had read on some other forums that they look for exactly same job duties and job title as on perm application , so I made sure that my job letter contain the same job title and duties .

[pontevecchio]

rit23, Please get yourself a Lawyer and discuss your predicament soon.