Promotion while GC not yet approved

Q,

Looking for yours or opinion from other gurus. I ported from EB3 to EB2 with a PD of Mar 2005, so re-did the labor for an software engineering manager role at that time in 2010 (promotion from sw engineer within the same company). Now, my date has been current since Aug, and I got GC approval notice email on Oct 19th, within three hours got another message that they have reopened my application to review their earlier decision. Got a mail few days later with this text


"This courtesy notice is to advice you of action taken on this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all the action has been completed"

On the same day I received another mail with the official 'welcome to united states' message and card production information etc. (I think this is an error, my lawyer thinks the same since they reopened my application)

I went to the local office did an INFOPASS last week and was told that my file is being sent to that office from TSC, they couldn't tell me since there was no further info in the system but they suspected an interview needs to be done. They asked me to wait for follow up from local office. This would have been all OK except that I have been offered a director position with the same company managing a bigger team with a higher pay. I know you said you switched from analyst to manager to director which pretty much the same case as mine. I have asked my employer to wait before changing my title as I am so close with the GC approval. However I cannot wait long with this, so if nothing happens in Nov, I have to ask them to go ahead with the promotion. Do you think if AC 21 will workout OK in this case, same employer, career progression within the same Job function? I am guessing a 40K-50K or so difference from my EB2 labor prevailing wage amount that was done back in 2010. I haven't talked to my lawyer about the promotion thing in hopes that GC will come through, especially because of the approval on Oct 19th.

Any suggestions, advices are welcome.

Thanks

almostgreen - I can see how unsettling and bittersweet this must be. Indeed I had a career progression from analyst to director in the same field and 3 years after I became a director, my GC was approved. The lawyer only shared that it was ok to have promotions while GC was pending. But beyond that he didn't share anything whatsoever. The company and the lawyer were quite tight and rarely shared anything if at all. After so much wait - for USCIS to do what tehy are doing is absolutely disgusting and perhaps even biased. Hopefully this will sort out but if not - if I were you I might be prepared to sue USCIS.

I am sorry - I am not really an expert and this is so tenuous that I am afraid I might end up offering wrong advice. My best wishes to you nonetheless and let us know how it goes.

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Originally Posted by almostgreen

Q,

Looking for yours or opinion from other gurus. I ported from EB3 to EB2 with a PD of Mar 2005, so re-did the labor for an software engineering manager role at that time in 2010 (promotion from sw engineer within the same company). Now, my date has been current since Aug, and I got GC approval notice email on Oct 19th, within three hours got another message that they have reopened my application to review their earlier decision. Got a mail few days later with this text


"This courtesy notice is to advice you of action taken on this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all the action has been completed"

On the same day I received another mail with the official 'welcome to united states' message and card production information etc. (I think this is an error, my lawyer thinks the same since they reopened my application)

I went to the local office did an INFOPASS last week and was told that my file is being sent to that office from TSC, they couldn't tell me since there was no further info in the system but they suspected an interview needs to be done. They asked me to wait for follow up from local office. This would have been all OK except that I have been offered a director position with the same company managing a bigger team with a higher pay. I know you said you switched from analyst to manager to director which pretty much the same case as mine. I have asked my employer to wait before changing my title as I am so close with the GC approval. However I cannot wait long with this, so if nothing happens in Nov, I have to ask them to go ahead with the promotion. Do you think if AC 21 will workout OK in this case, same employer, career progression within the same Job function? I am guessing a 40K-50K or so difference from my EB2 labor prevailing wage amount that was done back in 2010. I haven't talked to my lawyer about the promotion thing in hopes that GC will come through, especially because of the approval on Oct 19th.

Any suggestions, advices are welcome.

Thanks

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Quote:

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Originally Posted by almostgreen

Q,

Looking for yours or opinion from other gurus. I ported from EB3 to EB2 with a PD of Mar 2005, so re-did the labor for an software engineering manager role at that time in 2010 (promotion from sw engineer within the same company). Now, my date has been current since Aug, and I got GC approval notice email on Oct 19th, within three hours got another message that they have reopened my application to review their earlier decision. Got a mail few days later with this text


"This courtesy notice is to advice you of action taken on this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all the action has been completed"

On the same day I received another mail with the official 'welcome to united states' message and card production information etc. (I think this is an error, my lawyer thinks the same since they reopened my application)

I went to the local office did an INFOPASS last week and was told that my file is being sent to that office from TSC, they couldn't tell me since there was no further info in the system but they suspected an interview needs to be done. They asked me to wait for follow up from local office. This would have been all OK except that I have been offered a director position with the same company managing a bigger team with a higher pay. I know you said you switched from analyst to manager to director which pretty much the same case as mine. I have asked my employer to wait before changing my title as I am so close with the GC approval. However I cannot wait long with this, so if nothing happens in Nov, I have to ask them to go ahead with the promotion. Do you think if AC 21 will workout OK in this case, same employer, career progression within the same Job function? I am guessing a 40K-50K or so difference from my EB2 labor prevailing wage amount that was done back in 2010. I haven't talked to my lawyer about the promotion thing in hopes that GC will come through, especially because of the approval on Oct 19th.

Any suggestions, advices are welcome.

Thanks

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NOT A LEGAL ADVICE
Most of us are already aware that GC is future employment. Being said that what is your current title and what would be your title after GC ? Will it be the same ? As "Q's" attorney said you can have promotions while your GC is in progress. The only implication is your LCA has to be amended to reflect new position, location (if any change) and new salary. As long as this salary is more than PW (Prevailing Wage) you will be perfectly alright. So having promotion in current job really doesn't impact your GC process.

Also each attorney will have different game plan. Hence I would suggest you to check with your attorney once.

Quote:

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Originally Posted by tomhagen

NOT A LEGAL ADVICE
Most of us are already aware that GC is future employment. Being said that what is your current title and what would be your title after GC ? Will it be the same ? As "Q's" attorney said you can have promotions while your GC is in progress. The only implication is your LCA has to be amended to reflect new position, location (if any change) and new salary. As long as this salary is more than PW (Prevailing Wage) you will be perfectly alright. So having promotion in current job really doesn't impact your GC process.

Also each attorney will have different game plan. Hence I would suggest you to check with your attorney once.

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My current title is SW engineering manager, the title I am moving to is SW engineering director. Thank you for the replies. I have another INFOPASS next week to check the situation at the local office. I did approach the state senator too this week. Incidentally the senator office and the USCIS is in the same building. Hopefully that may help in speeding this up.

Raj

Thanks Q and tomhagen

My current title is SW engineering manager, title I am moving to is SW engineering director. Same location, higher salary. I looked at SOC codes, and there is a code for engineering manager, but there is not a separate one for director. Next one up is executive which is VP level.

almostgreen

In addition to the above information provided, Did you use the experience gained from the same company in the category upgradation from EB3 to EB2?

SOC code really matters when there is a complete make shift. As long as you are in the same field it doesn't make much difference. So don't worry about it. But make sure your LCA is amended and associated H1 (as applicable). All the best and wish you good luck for GC progress

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Originally Posted by tomhagen

SOC code really matters when there is a complete make shift. As long as you are in the same field it doesn't make much difference. So don't worry about it. But make sure your LCA is amended and associated H1 (as applicable). All the best and wish you good luck for GC progress

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Thanks. I am still active on H1, when you say LCA is amended is it a new PERM filing? Can't I just do a AC 21 in this circumstance since this is a vertical move within the same job function, same company and location?

No, It was mostly an education based switch as I was able to use my masters degree to show that I match the job requirement and EB2 requirements. I (my boss) had to go through a long questionnaire from my lawyer to prove that my EB3 job and EB2 job are atleast 70% different in roles and responsibilities.

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Originally Posted by almostgreen

No, It was mostly an education based switch as I was able to use my masters degree to show that I match the job requirement and EB2 requirements. I (my boss) had to go through a long questionnaire from my lawyer to prove that my EB3 job and EB2 job are atleast 70% different in roles and responsibilities.

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Are you sure that your EB2 job requirement describes only Masters degree + No experience in the Managerial post?

Quote:

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Originally Posted by almostgreen

Thanks. I am still active on H1, when you say LCA is amended is it a new PERM filing? Can't I just do a AC 21 in this circumstance since this is a vertical move within the same job function, same company and location?

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Nope. No PERM filing. Each H1 will have underlying LCA. When ever there is a change in position, salary and location that has to be amended. It is mandatory and if not done USCIS has every right to take action on H1 petition. Since you are in the same company AC 21 doesn't apply in this case

Quote:

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Originally Posted by tomhagen

Nope. No PERM filing. Each H1 will have underlying LCA. When ever there is a change in position, salary and location that has to be amended. It is mandatory and if not done USCIS has every right to take action on H1 petition. Since you are in the same company AC 21 doesn't apply in this case

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What about the AOS? Shouldn't USCIS be informed that my job/title changed within the company? How would I do that without AC 21?

Thanks

I am not 100%, I believe we used 2 years from my previous company (first employment after colleges) and 1 year from the current company when I was a individual contributor. In total I have been with this current company for 5 years when I ported to EB2.

Well as i stated earlier GC is for future employment. Your employer is offering a position in future and I don't think you should touch that. What position you accept in future doesn't really depend on your current position. Touching the AOS is opening can of worms. You will be in trouble. So don't worry about AOS.

AC 21 is applicable when your AOS application is pending for more than 180 days and you are changing employer. In that case you have to invoke AC 21. Also your position and job responsibilities with new employer must match with your GC position (assuming you are already working for him in that position and he will be providing EVL)

So with in the company AC 21 doesn't apply.