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Promotion during GC process

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  • Promotion during GC process

    Hi :
    My company attorney filed for labor(perm) few weeks back.

    Now i might get a promotion to next level in next few months.

    The job description and responsibilities do not change. It is just the number of years of experience.

    Everything related to the job stays same except for title and salary.

    Is this possible during GC and please let me know as i do not want to get stuck in career for a Green card that is going to take for ever.

    PLEASE tell me the worst case situation, what happens if i go ahead with promotion and i do not really care about GC process as all i want is 3 years extension to my 6 years H1-B.

  • #2
    GC is for the position that they applied for. DOL approves the labor for that position and your job profile has to match that position when you get the greencard. Some people even go for higher position and after they get the GC, they will satify the condition by serving in the lower position that the GC was approved for in the company for 6 months.

    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.

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    • #3
      thanks for the reply.

      So say if the title changes from Sr Software Engineer to Staff Software Engineer during the process, now when i have to apply for extension of H1-B visa after 6 years terms, what title do we use and would it cause issues as

      initial H1-B visa was for Sr Software Engineer
      Labor was filed for Sr Software Engineer
      extension for H1-B, my title is Staff Software Engineer.

      Thanks in advance.

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      • #4
        H1b and GC positions need not be related in terms of the Job Title. I could be a Programmer on H1b but my GC could be for IT Architect.

        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.

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        • #5
          How about salary? What if salary changes in between?

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          • #6
            Oh! Man!

            H1B is a temporary position, while GC is a permanent position. The salary for each position may be different.

            If you're still having difficulties in understanding the concept and the difference, I'd strongly recommend you please talk to a senior attorney who can explain the whole scenario for a small fee.

            Good luck.

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