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  • Job Position question

    My GC was applied for a senior level position by my employer. Now my I-485 is in process. However my title is not senior yet. When I get my GC and I am not at senior level, what happens? Is my GC considered void if I am not a senior by then or the levels (sr, associate) doesn't matter much?

    TIA

  • #2
    The company that sponsored the GC has to employ you in the position they sponsored you for for at a minimum of 6 months upon GC approval. If not, the GC can be considered to have been obtained by fraudulent means.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      That determination was already made during adjudication of the I-140 and/or labor cert. It was at that stage that the job description was compared to your qualifications. The only instance where they look at it again is when you have changed lobs (AC21 portability).

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      • #4
        Originally posted by BigJoe5 View Post
        That determination was already made during adjudication of the I-140 and/or labor cert. It was at that stage that the job description was compared to your qualifications. The only instance where they look at it again is when you have changed lobs (AC21 portability).
        I disagree. The determination is for A job as per labor and the candidates eligibility for the FUTURE job. If the person does not get employed in that position upon GC approval, the future position advertised is fraudulent.

        If I own a company, I cannot advertise to sponsor a Director and hire a person proved to be a director as an Analyst upon GC approval.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          thanks txh1b and bigjoe5.

          txh1b,

          Director and analyst is totally different, I mean by management level. My GC was applied for Sr. Engineer and I am still an Engineer. Will that be considered fraudulent too?

          Thanks.

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          • #6
            Anybody..? TIA

            Comment


            • #7
              By the time your GC is approved, you need to be in the Sr engineer position. Period. If your current sponsor is not able to make that happen, find another sponsor that can offer you the senior engineer position and use AC21.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment

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