PERM and promotion

[Curious2008]

My friend's company has applied for his LC. He is due for his promotion. Now the company HR is trying to verify from company atty that if it is OK to give him the promotion. Everything remains the same, my friend will just become Sr.Software Engineer. He is currently Software Engineer and PERM was applied for Software Engineer position. Does he have to remain in the same title for the whole GC process?

Thanks.

[txh1b]

Title is of little importance but the job duties and responsibilities have to remain the same. Many companies do not like the hassle of dealing with queries/RFEs during the I140 stage and hence don't prefer to give the promotion.

One work around this is as the GC is for future employment, the person can get a job title demotion after the GC gets approved and stay in that position for 6 months and work as a Software Engineer.

[Curious2008]

Sorry, I am a little confused. Can he get a promotion after the company files for his I-140 (FYI, the PERM is in process)?


Just a thought, with current situation GC process takes almost 4-7 years. I am curious as to if USCIS wants a person and position to be static for that long (I mean no promotion - forget position change)? Are there no laws where a growth can be taken into account?

TIA

[txh1b]

Bo changes allowed as per the law. The position that is certified as available by labor department as no US persons available is the only one that qualifies for the GC.

[Curious2008]

Thanks again.

Like I said, it is a little confusing , please excuse me repeating my question. How is promotion (same position - just senior) part handled if the person's LC has been applied.

Scenario 1.

If the person can be promoted in the same job, should promotion wait until after I-140 is applied to avoid RFEs? I mean PERM applied for Software Engineer position and if it gets approved the company applies for I-140 for the same position and after I-140 application give the person the Senior title, will that avoid issues with i-140?

Scenario 2.

The PERM has been applied for Software Engineer position, the person is promoted and is a Senior Software Engineer. Then apply for I-140. Will this delay the process and will I-140 be denied?

Thanks for all your help.

[txh1b]

You are getting it wrong. Remember, GC is for a future job. The person could possibly work in a different position but the person better be in the position that the GC labor was approved for at the time of GC approval.

Say LC approved for IT Architect. The person could be a Senior Project Analyst now but must be an IT Architect at the time of GC approval.

It works backwards as well. One could be an IT Architect now but at the time of GC approval, should be a Senior Project Analyst.

Bigger companies with strong HR policies do not allow this kind of demotions for the purpose of greencard and hence no changes in position allowed until the GC is approved.

If my Labor was applied as Software Engineer II, they will leave me there till the GC is approved.

Hope I clarified your concerns. The HR or the immigration lawyer should be able to explain their policy as it depends on the policy of the individual company.

[Curious2008]

Oh I see. Same thing applies for me or anybody for that matter. Ouch!

So it actually depends on the company you work and how they handle this situation.

So if the company is OK with promotion and demotion policies, once the person gets approved I-485, the person will have to work as Software Engineer I (LC applied for Software Engineer I) position for 6 months even though he/she has been promoted to Software Engineer III. Correct?

[txh1b]

Kinda right. They better be working in that position at the time of green card approval to make things right and easy.