Promotion While GC is Processed

[triplet]

Anyone know if is necessary to do any additional paperwork for the H1B when one is promoted to Associate from Assistant Professor. I was curious if it was treated like a promotion because the job duties are exactly the same.

[gcpursuit]

Option B - The safer but lengthier option is to start your PERM over again with Company B while retaining your old PD. This keeps it clean. But as I said, this is longer because you have to start over and you could possibly miss out this years window.

vizcard,

I believe he can use the Successor-in-interest clause. Can't he?

I don't know the intricate details of it but I think it is worth exploring to see if that would be applicable.

[vizcard]

Anyone know if is necessary to do any additional paperwork for the H1B when one is promoted to Associate from Assistant Professor. I was curious if it was treated like a promotion because the job duties are exactly the same.

I'm not sure if anyone answered you but the answer is you don't need to do anything as long as you are promoted within the same company.

vizcard,

I believe he can use the Successor-in-interest clause. Can't he?

I don't know the intricate details of it but I think it is worth exploring to see if that would be applicable.

I believe that clause is applicable if the sponsoring company is acquired. I don't know if it applies if the sponsoring company divests. If you think of the implications, the former means "I want this employee but I'm now owned by someone else" and the latter means "I don't want this business and don't need this employee".

I'm not 100% certain though and logic does not prevail in the immigration process.

[triplet]

Sounds good Vizcard, thanks for answering my question, appreciate it!

[gkjppp]

Sounds good Vizcard, thanks for answering my question, appreciate it!

I think triplet needs to do H1 amendment as per my know experience. recently my wife got promoted and her employer sent H1 amendment to USCIS. one of my friend did not do H1 amendment and gone for H1 stamping, his bad luck visa officer verified his position in H1 with his company employment letter and asked for H1amendment( though job duties are more or less same). He stayed back in india and got it done in a week(premium processing).

please check with attorney before making any decision.

[surya1975]

I think triplet needs to do H1 amendment as per my know experience. recently my wife got promoted and her employer sent H1 amendment to USCIS. one of my friend did not do H1 amendment and gone for H1 stamping, his bad luck visa officer verified his position in H1 with his company employment letter and asked for H1amendment( though job duties are more or less same). He stayed back in india and got it done in a week(premium processing).

please check with attorney before making any decision.

thought this thread for EB2/3 Predictions.

[vizcard]

thought this thread for EB2/3 Predictions.

Yes it is - primarily. But since it is also the most visited thread, ppl ask questions about personal immigration issues and the moderators then move the posts to the appropriate threads.

Generally no post is considered inappropriate (hint)

[vizcard]

I think triplet needs to do H1 amendment as per my know experience. recently my wife got promoted and her employer sent H1 amendment to USCIS. one of my friend did not do H1 amendment and gone for H1 stamping, his bad luck visa officer verified his position in H1 with his company employment letter and asked for H1amendment( though job duties are more or less same). He stayed back in india and got it done in a week(premium processing).

please check with attorney before making any decision.

Definitely check and do what ur lawyer suggests. I got promoted twice and didn't do anything (other than celebrating).