I was wondering if I could change my team internally within the company while my PERM is still in process? Would it be better to wait until PERM is approved? I’ve the same questions for I-140 stage too. Does it matter if I get a promotion to the next level in my role? Please let me know your thoughts.
PERM is for future job so unless you plan to be with your current employer till your priority date is current and use your current employer to file AOS, you may let the PERM keep processing without doing any amendment at this stage. Make sure to amend H1B if there are material changes to your job position.
Thanks! So, if I’m understanding this correctly - I can internally change to a different team with my current employer having the same job profile (or the next level in my job profile) without affecting my ongoing PERM or subsequent I-140, I-485 petitions correct?
Yes as far as your employer can still offer you the job mentioned in your PERM at the time of filing AOS.
Based on your PD you may end up changing jobs between now and when your PD becomes current. When you change the employer and if that is the employer who will file your AOS, then anyways you have to do the PERM process again and at that time the PERM job will be whatever position/role offered by your employer at that point in time.
So again, unless you will stay with your current employer till your AOS becomes current only then it makes sense to amend the PERM/I-140, otherwise just keep it as is and get it approved asap so you can your I-140 for AC21 extension beyond 6 years H1B term.
Thanks! So, it does not matter if the manager changed or I got a promotion in the same job profile when AOS is filed? Is AOS same as filing for I-485? I am hoping my PERM to get approved next month if all goes well and hoping my PD date to become current as well in the next 2 months. I do plan to stay with my current employer but was wondering if I can get away with changing teams internally without requiring a PERM or I-140 amendment.
Just to reiterate, if your intention is to work for the job offered in the PERM/I-140 and the employer is able to offer you the job that was mentioned in the PERM and ability to pay for it, you may not file a new PERM. It also depends how similar is the new role to the job offered in the PERM and whether it can be considered close enough so as to not test the job market again.
You need to discuss this with your employer and their immigration lawyer if you intend to be with your current employer and if they are the one who will be filing your AOS/I-485.
Thanks! Just one more question - Do you know how the similarity determination is made? Is a lateral movement to the next designation within the same job hierarchy considered close enough to not require a PERM? For example - Senior Software Engineer to Staff Software Engineer? What about to the same position?