Job Promotion and effect on I-485/PD

Hi Everyone,

Here's my situation - I am getting promoted and relocating to a new city. My PD is Aug 10, 2010 and I140 is clear. Due to promotion/reloaction, company will refile Labor/I140. I will however keep my PD. I am married and 485 would allow my wife to work.

My question :

- IF my PD becomes current while my new Labor/I140 is being adjudicated, will I able to file for 485 or will I have to wait for Labor/I140 to eb clear and see if my PD is current at that point (probably another 10-12 months out) ?

- What would you do if you were in my position - would you take the promotion and wait another year or tow before 485 filing OR would you just wait it out and refuse promotion/relocation for now.

I dont mind refusing promotion if there's an overwhelmign majority who thinks my date will get current in 2012...

Thanks for your time !

I always err on the side of positive career move. More often than not people burn through their key years of drive waiting for GC. I think the decision is yours ... but if teh new job is a good career move, financially good and stable .... why not?

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Originally Posted by SUMMERLIN2010

Hi Everyone,

Here's my situation - I am getting promoted and relocating to a new city. My PD is Aug 10, 2010 and I140 is clear. Due to promotion/reloaction, company will refile Labor/I140. I will however keep my PD. I am married and 485 would allow my wife to work.

My question :

- IF my PD becomes current while my new Labor/I140 is being adjudicated, will I able to file for 485 or will I have to wait for Labor/I140 to eb clear and see if my PD is current at that point (probably another 10-12 months out) ?

- What would you do if you were in my position - would you take the promotion and wait another year or tow before 485 filing OR would you just wait it out and refuse promotion/relocation for now.

I dont mind refusing promotion if there's an overwhelmign majority who thinks my date will get current in 2012...

Thanks for your time !

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Thanks Q for your feedback.

May I ask the process IF :
I wait for april bulletin, get current, file for 485 and then accept the promotion/relocation..is this possible ? OR once I move, the whole process must start again regardless.

Actually it's quite easy since you're being promoted within same company.

Promotion is not a problem for GC. Its the change of location that requires a new labor and new GC.

What u say will work. If current - file and then get the new job and open second GC thread. Your Employer Doesn't have to kill the first GC thread. Ok? That is important. That way u will enjoy the 485 benefits from first, be able to file second GC and enjoy PD from first anyway. Good luck.

Quote:

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Originally Posted by SUMMERLIN2010

Thanks Q for your feedback.

May I ask the process IF :
I wait for april bulletin, get current, file for 485 and then accept the promotion/relocation..is this possible ? OR once I move, the whole process must start again regardless.

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Super. Thanks much for a quick response.
Take care Q.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Good article to read on USCIS website, apart from AC21 and porting, a very specific para is:
Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.

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ps: credit to ponty2012 on trackitt for finding this information.

Thanks Nishant !