Guestbook Entry for Pavan, United States
Name
Pavan
Country
United States
State
NJ
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Recording for February 29, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Discussion Topics:
EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role
Question details
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
FAQ Transcript
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
My GC process was started towards the end of 1999. After the Labor Cert. was approved, my I-140 was filed for. At this stage there was an RFE on my I-140. The case was complicated and at that point of time it seemed that there were very few chances of winning it. However, Mr. Rajiv Khanna presented the case with all the additional documents and evidences that were requested by INS, in a very systematic, efficient and intelligent manner. He was very persistent and determined to have the case resolved favorably. My I-140 was finally approved last week. During this difficult process, it was evident that Rajiv, Suman and the entire team were very dedicated towards their profession. They certainly are outstanding. They were always very courteous and prompt in answering all my questions and giving in apt advice pertaining to the case. I would definitely recommend Mr. Rajiv Khanna's Law Offices for any immigration-related issues. Pavan