EB2 NIW - awaiting priority date - can I accept promotion?

[gangula_s]

Hello, I received my I-140 approval using EB2 NIW in September 2011, employer sponsored. I continue to work for the same employer awaiting my priority date (PD) to become current. In the meantime can I take a promotion to become a manager of the unit that I am currently working in with the same/similar job duties using AC21. Since I have an approved EB2 under NIW - will promotion and nominal pay increase affect my path to permanent residency when I apply for I-485 as my PD becomes current. Please advise.

[JoeF]

Huh?

An EB2-NIW is not employer-sponsored. There is no LC for NIW.

With an NIW application, you have to continue working in the same field. A promotion is not an issue.

[gangula_s]

Thank you for reply. When I say the EB2 NIW employer sponsored; my employer has filed the petition. The approved I-140 (I-797 notice of action) has under the petitioner name: agency name in which I work.

 

Here are more details:

 

I work for State Department of Transportation (DOT). I have an approved I-140 application under EB2-NIW (employer sponsored not self petitioned) with a priority date in 2011. I am from India hence awaiting the priority date to become current. I am in my 9th year on H1B.

I am currently working as Lead transportation Systems Analyst in the area of Traffic Engineering at the State DOT. My educational credentials and experience are in Traffic/Transportation Engineering, which were used for the EB2-NIW application. With the same employer (State DOT), I am having an opportunity to become a Traffic Engineering Manager but in a different city.

Questions:
1. Can I take this promotion to become a traffic engineer which is a higher level manager position? The core job duties are based on the same skill set but day to day work might not be exact. The issue worked on will have a lot of overlap.
2. The salary increase might be 10% will this be an issue. I hear under NIW getting a higher pay is accepted. Is this true?
3. The SOC code mentioned in USCIS website to determine same/similar duties will be the same 17-2051 for both positions. Is this enough to prove the same/similar or would I need a justification report prepared by an attorney based on position description?
4. Will I need to file an addendum to my existing H1B due to promotion? Will that be due to "job location change" or "job classification change" or for both reasons.

Please advise.
Thank you.

[JoeF]

Again, an NIW is not employer-sponsored.

The petitioner is you, not an employer.

You need to have the paperwork reviewed by a lawyer. It looks to me as if it isn't an NIW petition.