Can an H1B candidate take promotion and accept a job title change while waiting to file the I-485? Will this invalidate his/her approved Perm/I-140?

Answer

A promotion doesn’t invalidate the PERM/I-140 automatically. But, the GC is based upon the job offer in the PERM. So, if there is a true change in the position that is not consistent with the PERM/I-140, this could pose a problem. The job offer must exist to file the I-485, so either the employer or the individual would have to be willing to change things back to the old job, or else a new PERM case would have to be initiated. In some cases, however, the changes in the job are small enough to fit within the position as described in the PERM. (24.Mar.2014)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.