I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
· Generally someone with industry knowledge and/or software knowledge
· SME in multiple areas · Able to assist in even more areas · Able to work without management intervention
My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
· SME in a lot of areas · Able to work in any area · Able to talk accurately about the whole product whenever and wherever regardless of audience · “Manager” on the floor, a mentor to “all” that need help, trusted adviser · The one that the Engineer level people go to and want to be
My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
The safest thing is to just start a new green card and once the new I-140 is approved, it automatically inherits the priority date of the old green card. So changing a couple of responsibilities does not change the job, nor does it destroy your green card, but why take a chance. That's the way I look at it. FAQ in detail ....
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