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Does promotion affect green card's first stage (Perm Labor Certification)

Cupertino, CA |

If I am promoted let's say from Software engineer to "Senior Software Engineer" while my green card's first stage (Perm Labor Certification) is pending approval, will my employer need to file for another Perm labor application reflecting my designation change?

Attorney Answers 4

  1. Titles mean very little. Duties, responsibilities and education/experience requirements are the 'key'.

    I suspect that a promotion from SE to Sr. SE is not a big change.

    Double check by talking to the company's immigration attorney and NOT a non-attorney in HR

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  2. Mr. Capriotti is spot on: it's the description not the title of the position that matters.

  3. It will depend on a careful comparison of the job duties under the two different job titles. If it is substantially different, for example much more managerial responsibilities, then it might have to start all over again. Alternatively, it might be possible to retain the priority date on the current pending PERM application by not taking action now until the I-140 is approved. Then after the new PERM is filed and a 2nd I-140 approved, you could still use the old priority date of the first PERM.

    This communication is not intended as legal advice, and no attorney client relationship results. It is provided for general educational purpose. To visit my Manhattan office for consultation, please email me at ESQOLIVER@GMAIL.COM.

  4. Yes, it will matter. Senior Sftw Eng has a higher salary and more responsibilities. Per the Dept of Labor, the skills level is different. Suggest you not accept the promotion for the time being.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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