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Friends .... check with a good lawyer. I have risen from a business analyst to manager to sr manager to director during GC process. So I would imagine its perfectly possible as long as its a promotion in the same line of work.
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Originally Posted by nishant2200
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Originally Posted by haripathhi
hmmmm amazing. Let me talk to lawyer about this. I just assumed, never asked.Quote:
Originally Posted by qesehmk
dec2007, I have a question to you ..I have applied my GC as software engineer ..abt 4 years ago and similar to you have since completed my MBA in the mean time and have some internal product/project manager openings within my current company that I would like to pursue ..but I have doubt if I can switch my job role than that specified in my labor ..is this doable? ..i have been lying low becoz i don't want to restart my labor et all again even if it for the same company ... any thoughts gurus?
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Originally Posted by dec2007
perfectly doable. I myself rose from analyst to manager to director while GC was being processed. Promotion within same job is allowed.
Few weeks back when I said this to somebody (nishant was that you?) the person who asked me went back to his manager and his manager approved his promotion ot next level.
So advice to all - BE VOCAL ABOUT PROMOTION - dont sulk inside that GC is preventing it.
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Originally Posted by whereismygclost
Yes, that's me :)
I confirmed with lawyer also after Q said, and lawyer said, it's perfectly fine to me.
Don't hesitate to talk to lawyer once, for complete peace of mind.
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Originally Posted by qesehmk
thanks Q for your insights ...follow up question( oy may be just confirming) is can you switch roles within the company ..i.e for example ... move from software engineer to product manager? will it not affect ur labor since it was filed for software engineer? also my lawyer told me that hey have to amend even my H1B if i switch roles within the same company ..i didn't even bother asking the lawyer if i need to restart my labor ..assuming it will be yes ..have since kept to myself ...will really help me in my career which is now stagnated if you could clarify on these points ......thanks again ....
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Originally Posted by qesehmk
In my case, I am following the lineage still, Software Engineer to Technical Lead to Software Architect to Development Manager.Quote:
Originally Posted by whereismygclost
I agree that Project manager is not exactly in line with this, and hence, I believe, you should ask lawyer. But please do so.
Yes its possible - the simple reason being GC is by definition future employment. So you can always take up another job and come back into this job at a later point.,
The key problem ALWAYS is ...your boss who has sponsored your GC is your slavemaster. He has zero incentive in your career growth if it happens outside his organization. In fact he would think why the hell he should keep sponsoring you.
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Originally Posted by whereismygclost
thanks Q .... as long as my current boss is ready to keep my 140 , i shouldn't be bothered right? i will have to only worry to get EVL from my company at the time of filing 485 ..which my prospective new boss would ...so i guess i should be okay ...also do they need to amend my H1-B as per new job duties ?...or it should be okay?
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Originally Posted by qesehmk
H1B and your GC are two different things.When you move into your new job you will be utilizing your H1B. It has nothing to do with your GC.
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Originally Posted by whereismygclost
Q...u cant even imagine how many people you would be helping with this topic... i would request you to open a thread for this topic and please do a overview of your experince... it would really be helpful to a lot of people....i knew a lot of people who are not taking promotions just bcoz of GC...Quote:
Originally Posted by qesehmk
I think H1B amendment is required with the scenario you've described. Regarding GC labor, I agree you can take promotion and still continue GC application process. But once your AOS is approved, to use GC you would have to come back to your pre-promoted position (or position that was approved in your LC).
My 2 cents.
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Originally Posted by whereismygclost
I guess the days of BTM are over. All we have now left is S&P UM -> Small and Painful Unknown Movement. This S&P has just downgraded our future! What do you guys think. I have a funny feeling that the dates are going to retro because people are going to port like crazy from EB3 using the EB2 entrepreneurial visa. It does not take a lot to start a company and close it once you get your EAD. I guess what relief EB2 got because of SOFAD, EB3 is going to get it now. So EB2 guys sit back and relax for atleast 3-5 years for the dates to move into 2008. For people with dates later than that reform is the only hope.
I have a co worker who works for a consulting company, his company got an query from USCIS asking why you have so many I-140 open when the employees already left the organizations..so I am not sure if this is good idea to leave the GC company(A) and work for another company(B) and join back company A when date is current. I had this discussion with an attorney also he also adviced me not to do so because this might trigger a query for USCIS during AOS if the position is really there or not with the company. Better to check with laywer before taking this decision.Quote:
Originally Posted by qesehmk
Not true. Post GC you can continue in the promoted position or even change jobs!!
memk26, we are talking about promotion within same company AND in the same role. So your boss can expand your role and its perfectly fine.Quote:
Originally Posted by mygctracker
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Originally Posted by memk26
Q, this is my first post albeit I have been an active follower of this forum for a while now. Many thanks to you and to other members here to share their knowledge and input with others.
what mygctracke says has also been told to me by my lawyer few times. According to her, if there is a job change/location change, i will have to file an h1 amendment followed with a new Perm application (and the whole 9 yards that follows). if my first/current PD becomes current and i file for my 485, then i'd have to come back to the original position.
krodhi, i am telling i bagged two promotions in the same role. If you do it same role same location .... its allowed.
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Originally Posted by krodhityogi
This is the key. That's what I was trying to say when I said above, I am in the same "lineage". Location also very very important. The way I look at it, you are still in same geographic location for which PWD-PERM was done, and your growth has been to magnify the job duties you have in your future GC job. You still do the same job, but with higher level of responsibility, supervisory role, and directory role. It should look like a conical shape, with your promotion tending towards the wider part of cone, but still extending in all geometries from the tail end of the cone.Quote:
Originally Posted by qesehmk
I say it's always best to consult with lawyer, if you want, you can take half an hour consulting with a good immigration lawyer. The 200 dollar will be worth it, there will be no regret. Most higher chances are that, you will end up being promoted, highly confident, and there will be renewed zeal in the job which you had started being bored of out of mundane and monotonous role.
Q/Nishant,
I agree with you:as long as it is in the same lineage. I was also able to do this too; my move was from one individual contributor(IC) position to another IC role. The way I did this was by working with my new manager on the job description and showing it to be as close to the one that was used to file my original Labor. When the company lawyer saw the new job description, she said that this is very similar and we don't need to file another GC. So my advise to anyone planning a move will be to get a hold of the original job desc and convince HR tha the new role is similar .
About moving to manager's role, per the lawyer, a move from IC role to supervisory role requires a new GC application as it is not in the same lineage. Q since you were able to do this, I will keep it in mind, I believe here the lawyer is interpreting the law in a different way. Thanks for the info.
Gurus, let me pose the situation that I am facing:
I am currently in VA and I am looking for a position which is in CA. Q/Nishant, you emphasized same location in your posts. Is there a workaround for not filing a new PERM if i take the job in the new location? I sent the Job Description to my Lawyer, and she said that the roles are similar, but, since the locations are different, i'd have to start a new application. Considering the risks of Labor audits, denials, 140 rfes, I am apprehensive of filing a new App.
I was thinking of switching to the new location, and once the AOS is approved, working with my manager to temporarily shift me back to VA. any pros and cons to this..
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Originally Posted by whereismygclost
hi Whereismygclost, as Q said, it is absolutely possible. GC is for your future job. Once u get a promotion, H1B amendment might be necessary. But you can still keep your old GC application. Once you get the GC, you are free to move to any position. Friends, my suggestion is, do not let our GC process hinder our career growth. Might prove costly in the long run. Live examples are mine and Q's case. I moved from design engineer, senior engineer and now sales manager. The last promotion was huge. Moving from engineering department to corporate sales.
I always liked the dialogue by Amitabh in the movie "Sarkar". " Nasdeeke faiyda dekhne se pehle, doorki nuksaan sochna chahiye". ( Before looking at near term profits, we must look at long term damages).
any questions, pls feel free to ask more.
Looking at your PD, you don't have an EAD. Hence, you shall be applying for the I-485 when you get the date current for you.
I would have the lawyer guide your company, to very specifically mention in the EVL about the GC job being offered, that you are being offered the position in the particular location (mentioned in PERM), and you shall upon getting the permanent residency, move to that job location.
I have seen people getting RFEs about job location when the officer gets confused as to where your intent to work is.
And again, best to consult with lawyer always, before important life decision like this.
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Originally Posted by krodhityogi
Appreciate your response Nishant.
Great point about explicitly mentioning the location in the EVL. based on your response, I started looking at the list of supporting docs for 485 filing ( apart from birth cert and the application itself), and realized that with W2s mentioning different state and with pay stubs having different state information, this is not going to be a trivial alternative. Would like to know if someone was able to pull this off successfully.
based on my reading thus far ( got paranoid and started looking at reasons for 485 denials), i think filing another Labor and think doing i140 interfiling will be a much cleaner route. do you know if the 140 interfiling request gets denied? i am not able to get any results through google.
I hear you and will defnly take the help of outside legal experts here.
Thanks again.
Hi
I am on EB2 with an approved I-140..
I am a Network QA TEST/SOFTWARE engineer and I want to move into a new role as a Network Consulting Engineer WITHIN THE SAME COMPANY (it's not into a promoted role but a different / parallel role , basically testing - to - consulting).
I am really stuck and desperate for this role change .
Please advise if I will have to go through the painful process of Labor application / Labor Approval...Appreciate all your responses..Thanks in advance...Really appreciate it..
I think as long company is willing to process the other role (since it is for future employment anyway) you are free to take up the new exciting role.
However, the new role needs to still suit your H1 since you are on H1 and not yet switched to EAD.
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Originally Posted by RaviRB
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Originally Posted by qesehmk
ravi,Quote:
Originally Posted by RaviRB
If the new role JD is more than 50% different from current job JD then yes, you have to go through the lengthy and painful process again!