Yet another AC21 Question

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01-17-2016, 09:09 PM
delguy

Yet another AC21 Question

Hi Gurus,

Thanks for your informative posts that help legal immigrants get clarity on various subjects. I have a question regarding promotions while working for the same employer that files for PERM/I-140. I was working as Sr. Software Engineer and now i got promoted as Technology Manager. Most of the responsibilities remains same but there are few new responsibilities such as delivery, few folks are reporting to me etc. I would say 80% responsibilities are still same as mentioned in my PERM.

What is the USCIS position on title change and also slight variation in job description? Do I have to get my employer refile PERM? If my job responsibilities stays same as before but the title is changed, do I still need to refile PERM? Any memos, field manuals, USCIS guidelines on this subject that I can refer to?

Waiting eagerly for your thoughts.
Thank you.
01-18-2016, 09:27 AM
imdeng

There are better informed folks here - but my layman's opinion is that growth in career in the same field is acceptable. You will still be in the same labor code I imagine. Several folks here went through significant career progression (Q included IIRC) while being on the EB backlog and it worked fine for them. (Caution: I am no expert, I am just regurgitating what I looked when when I was changing jobs).

Quote:

Originally Posted by delguy

Hi Gurus,

Thanks for your informative posts that help legal immigrants get clarity on various subjects. I have a question regarding promotions while working for the same employer that files for PERM/I-140. I was working as Sr. Software Engineer and now i got promoted as Technology Manager. Most of the responsibilities remains same but there are few new responsibilities such as delivery, few folks are reporting to me etc. I would say 80% responsibilities are still same as mentioned in my PERM.

What is the USCIS position on title change and also slight variation in job description? Do I have to get my employer refile PERM? If my job responsibilities stays same as before but the title is changed, do I still need to refile PERM? Any memos, field manuals, USCIS guidelines on this subject that I can refer to?

Waiting eagerly for your thoughts.
Thank you.
01-18-2016, 11:30 AM
vizcard

Quote:

Originally Posted by delguy

Hi Gurus,

Thanks for your informative posts that help legal immigrants get clarity on various subjects. I have a question regarding promotions while working for the same employer that files for PERM/I-140. I was working as Sr. Software Engineer and now i got promoted as Technology Manager. Most of the responsibilities remains same but there are few new responsibilities such as delivery, few folks are reporting to me etc. I would say 80% responsibilities are still same as mentioned in my PERM.

What is the USCIS position on title change and also slight variation in job description? Do I have to get my employer refile PERM? If my job responsibilities stays same as before but the title is changed, do I still need to refile PERM? Any memos, field manuals, USCIS guidelines on this subject that I can refer to?

Waiting eagerly for your thoughts.
Thank you.

I can promise you title change/responsibilities due to career progression is never an issue. If / when you get a RFE for EVL, have your HR or Manager list your job titles in progression with years (like on a resume) to clearly show that.