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peekay08
04-11-2011, 03:05 PM
Thanks to these forums which give tremendous amount of info covering all aspects of visas and GC processes. I tried to look into the older threads if I could find issue similar to mine but could not. Would appreciate if someone can provide some info on this.

My 140 got approved in Jan 2008. Last week I was offered Project management position within the same company and department and am not sure how my acceptance would affect my GC. Job title will change and of course the duties because I was a functional analyst (kind of functional consultant) earlier and a PM now. How would my acceptance of this new position affect my GC? Is there any amendment the company needs to make to keep my labor/140 intact? Any information on this would be of great help in my decision process. Thank you.

Peekay

gc_check
04-11-2011, 03:25 PM
Job title will change and of course the duties because I was a functional analyst (kind of functional consultant) earlier and a PM now.
Consult an Immigration Attorney. Each case is different and the questions is very general. If the job role / duties change, then it does not sound right. in case, if an RFE is issued, then you could land in trouble.

bugsbunny
04-11-2011, 03:51 PM
My 140 got approved in Jan 2008. Last week I was offered Project management position within the same company and department and am not sure how my acceptance would affect my GC. Job title will change and of course the duties because I was a functional analyst (kind of functional consultant) earlier and a PM now. How would my acceptance of this new position affect my GC? Is there any amendment the company needs to make to keep my labor/140 intact? Any information on this would be of great help in my decision process. Thank you.

Peekay

If you want to be safe you can file AC 21 and job must be in a "same or similar category" as defined by Dept of Labor(DOL)
Please see this post by pappu which explains what "same of similar" means

http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501699

Ofcourse you can also just do nothing, since you are in the same company, if an RFE comes regarding your case, they can handle it.

bugsbunny
04-11-2011, 03:58 PM
if your job does not fall into the "same or similar" category
the correct procedure if to redo the perm and apply for I-140 for the new position
and with this application you can apply to retain the Priority Date of the earlier application and also to use the earlier I-485, so you wont need to file a second I-485.

lostcause2007
04-11-2011, 06:23 PM
probably best to re-do PERM. Talk to your attorney since your specific case might be different.