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Immigration Issues/Moving to higher position with same employer after approved I140

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Question
Hi Ajay,

My husband's company had applied his GC in Jan 2014. Currently we have the approved I140 and have applied for H1B extension in premium processing, the approval for which will received in another week.

After H1B extension approval, my husband wants to apply for a higher position within the company via the Internal Job Postings.

Generally speaking, How safe would it be to change current position right now. We are NOT changing the employer though his reporting manager will change. There might be a change in the location as well.

Also what is the GC process in this situation. Do we have to reapply for prevailing wage, labour and I140 before changing the job or can we wait until he moves to the new job on approved H1B extension?


Regards,

Aditi

Answer
Hi Aditi,

H1B status, which reflects the temporary or current job, is independent of the green card process, which is an offer of full-time, "permanent" employment offered in the future. The H1B position can be different than the GC position, and it is even possible to be in H1B status with Company A and be supported for the GC process by Co. B.

If the GC position offered by the company is materially different than the position described in PERM/I-140, it is possible that the GC process will need to be started from the beginning, although the earlier approved I-140 priority date can generally be retained. This is very case specific, however, and the changes in the position must be reviewed by an attorney thoroughly familiar with the case.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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