Promotion during the green card process through PERM

Question details

Taking Promotion in future The current PERM filing is going to be done for the position "Dentist". In the future can she accept a promotion as "Dentist (Lead)" if offered by the company? Will it invalidate the green card application.
If we accept the promotion in future can we use the same PERM application without filing another PERM for "Dentist (Lead)" job (jobs are very similar) . She is now a "Dentist(Associate)" and job duties between associate dentist and lead dentist are 70% the same. The lead dentist will have additional duties like oversee day-to-day operations/Supervision.

ANSWER

Quote: Can I receive a promotion, extraordinary increase in salary or change in job location during the pendency of a labor certification based green card?

Ans. That is not advisable. A promotion or change in job description during the pendency of a green card can jeopardize the green card process. The GC process is for a specific job, at a specific location, at a specific salary.

CHANGES IN JOB DESCRIPTION
Minor changes can be accommodated. But any substantial change would require starting all over again.

SALARY INCREASE
Routine raises in accord with the industry practice should not create a problem. But any large salary hikes are likely to be a problem.

CHANGES IN JOB LOCATION
To preserve your green card, we must be able to show that you are TEMPORARILY changing some items in your job description for now, the present time. For instance, the GC is for a job in NY, but you are temporarily working from California. When the GC is approved, you will be placed back in NY.

If there is an irreversible and substantial change in your job description, we will have to start the entire green card process from the beginning. The only exception to this would be where the change is temporary.

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Prakash Gopalan (not verified) on Fri, 07/01/2022 - 17:36 Permalink

Hi, I have switched my job recently, but my priority date will become current in few months, so I am in talk with my previous employer for rejoining. But my question is, my previous filed PERM and I-140 in the 2015, but I got one promotion after I-140. Now that I am planning to join the company, I will be getting higher designation (2 levels above the PERM designation). Do you think this will cause any issue in 485 filing ? And also I like to understand the processing and charges from your end for the 485 filing?.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.