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Role changed in Visa extension, will it impact I140

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Posted by bluefish2017 (12) 12 Jan 2018#1
I'm a Project Manager with big 4, when it was time for my visa extension, my management offered me to assign me to Tech Arch role to fix my salary (another story, had a drop earlier). I took it despite feeling this could impact elsewhere in the visa, GC process. Now I have an approved I140, and I just stumbled upon another thread like this saying we have to redo perm and I140 process if there is a change in role. I'm just terrified of the thought of redoing anything visa or GC related with all the challenges recently. Can anyone confirm, have I caused myself damage by filing a Tech Arch role in the extension instead of the Project Manager which I have been using for all Visa purposes in last 5 years and also my Perm and I140.

Thanks for your time.
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Posted by kaipulla77 (36) 12 Jan 2018#2
to bluefish2017:

If your responsibilities are changed, then you should file H1B amendment and restart PERM. Its not too bad if you and your employer are genuine (sorry, your case seems like a manipulation). Things will go smooth. I am not an attorney at law. You can check with your company's legal team, they should and will answer you. good luck.
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Posted by spideey666 (6662)   12 Jan 2018#3
to bluefish2017:

Not sure what Big 4 means? You mean the consulting companies?

Are you sure your first perm was done as PM? Typically consulting companies use "systems analyst" category when filing perm. Either way, if there is change in roles and responsibilities ( not title), then you have to start over again.
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Posted by IamWaitingg (78) 12 Jan 2018#4

I'm a Project Manager with big 4, when it was time for my visa extension, my management offered me to assign me to Tech Arch role to fix my salary (another story, had a drop earlier). I took it despite feeling this could impact elsewhere in the visa, GC process. Now I have an approved I140, and I just stumbled upon another thread like this saying we have to redo perm and I140 process if there is a change in role. I'm just terrified of the thought of redoing anything visa or GC related with all the challenges recently. Can anyone confirm, have I caused myself damage by filing a Tech Arch role in the extension instead of the Project Manager which I have been using for all Visa purposes in last 5 years and also my Perm and I140.

Thanks for your time.

to bluefish2017:



If you are working for Deloitte and having a role >= PM, Deloitte will do GC in EB2 and if you have to take any role < PM while working with them, Deloitte will redo GC in EB3 even if your previous EB2 I 140 is approved. This is Deloitte Policy.

In general regarding redoing the PERM, if your new position holds all responsibilities of the previous role + additional responsibilities for the new role, you may not need to redo the PERM. If the new role is entirely different role from your previous role, then you need to redo the process
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Posted by LazyImmigrant (106) 12 Jan 2018#5
I-140s are for future employment, unless you expect your PD to be current real soon, there is hardly any point.
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Posted by bluefish2017 (12) 13 Jan 2018#6
Thanks everyone for the responses. All of them make sense.

Based on the responses, let me add these additional info -

1. even though the role is Tech Arch, the responsibilities listed in the visa extension for this role mostly overlaps with the PM role responsibilities.
2. my PD is 2015 and so have quite a way to go, and subsequent filings (amendment/extensions) will be as PM for sure, now that i know there could be some concern if we change the role name.

Considering these points can you suggest if am good with keeping the Perm as is and getting the next amendment/extension(end of year) as PM role.
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Posted by pagalguy (278) 13 Jan 2018#7
to bluefish2017:

I work in US based company as FTE. Am in the similar boat. Talked to HR. To be sure talked to lawyer also. They said it should be fine. Since my PD is may 2014, will redo perm in 2021-2022. If both HR and lawyer said same , I believe I should be fine.

The only downside is HR 392 is passed and your date is current. (Being sarcastic)
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Posted by fact21 (7) 13 Jan 2018#8
to pagalguy:

Joke
even if 392 passes may 2014 wont be current until 2024
without hr392 you are looking around 15-20 years
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