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AK001
10-07-2013, 01:03 PM
I wanted to seek your expert advise on one of my situation.

I am working for a Company in CA from 2008 May onwards. I was initially on L1 visa and Company sponsored my GC processing. I am presently on H1-b after the L1 time duration was completed. I have wife and 2 children who are in dependent visa (house wife and school going children).

In the GC process (EB2), my I-140 is cleared and waiting for Priority date to be current (my Priority Date is Feb - 2011). I am currently working as a Business Systems Analyst and I heard that there is a plan for my promotion as a Project Manager (exact desgination not known).

Eventhough my Company is willing to promote me to a better position within the department, they thinks that it can cause problem to my GC processing due to change in the Job Title (but I am in the same department but with additional responsibilities)

If there is any way that I can grab this great opportunity without jeopardizing my GC Process? Any work around? What is the criteria if I reapply in EB1 (instead of my EB2)?

mk6803
10-07-2013, 03:55 PM
AFAIK for EB1 you should be in a management role outside the US for 1 year within the past 5 years with the same employer... since you came in May 2008 it means 5 years have passed. For you to be in EB1, you likely need to be in same role out side US for 1 year and then come back to US. I do not believe it matters whether you come back on H1B or L1 (experts please correct me).

kkt_tkk
10-07-2013, 04:45 PM
Hi,
My experience, promoted 2 times and increase in salary in the same company and got GC.
As long as job duties (similar field) and salary changes not drastic, constant incremental --> I don't see any issue.
Even though you promoted to Project manager, if you get a RFE, they may ask your company to provide whether job offer still open for you or not as a BSA?. Your company need to provide a letter that offer still open for you.

This is my thoughts, but take a legal opinion.

I wanted to seek your expert advise on one of my situation.

I am working for a Company in CA from 2008 May onwards. I was initially on L1 visa and Company sponsored my GC processing. I am presently on H1-b after the L1 time duration was completed. I have wife and 2 children who are in dependent visa (house wife and school going children).

In the GC process (EB2), my I-140 is cleared and waiting for Priority date to be current (my Priority Date is Feb - 2011). I am currently working as a Business Systems Analyst and I heard that there is a plan for my promotion as a Project Manager (exact desgination not known).

Eventhough my Company is willing to promote me to a better position within the department, they thinks that it can cause problem to my GC processing due to change in the Job Title (but I am in the same department but with additional responsibilities)

If there is any way that I can grab this great opportunity without jeopardizing my GC Process? Any work around? What is the criteria if I reapply in EB1 (instead of my EB2)?

katta
10-08-2013, 11:03 AM
As you said the new role has additional responsibilities that mean 100% of old responsibilities plus new ones. Your new role should be 60% similar to old one.
USCIS doesn't expect you to remain in the same position while waiting for GC for years.
If you are a programmer/Engineer then you can grow to be a lead, and a manager in Engineering/Software but if you take up a position in Marketing or logistics then there is a problem.