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

Asked about 1 year ago - 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. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

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    Answered . 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... more
  2. Huiyue Qiu

    Contributor Level 9

    2

    Lawyers agree

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    Answered . 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... more
  3. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

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    Answered . 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 www.... more
  4. Christine Swenson

    Contributor Level 13

    2

    Lawyers agree

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

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