Because of the job role change and promotion and promotion, PERM is being filed. Need advice if if there are chance of PERM getting approved.
2013 - I joined a company as a Senior Software Developer.
2013 - Filed PERM with the Senior Developer profile.
2014 - I-140 approved in PD in 2014 in EB2.
2015-2016 - worked on several information security projects.
2016 - With the same roles and responsibility got promoted to AVP.
2017 - Took an internal transfer to the Information security department.
Informed lawyers. They said the amendment will be filed along with the visa extension in 2018.
2018 - Along with the H1B-Visa extension, an amendment was made with new job responsibilities in information security.
I was told a new PERM will be filed. It was not filed.
2020 - Got promoted to VP, Information Security in May 2020.
Informed lawyers. I was told a new PERM will be filed. It was not filed.
October 2020 - With the October bulletin, I am eligible to port to EB3.
BUT NOW - lawyers say need to file a new PERM because job responsibilities change and more than one promotion level from senior dev (when my I-140 was issued) to VP.
For the PERM, lawyers want me to come up with job descriptions/special requirements for my current role (VP, Information Security).
They say for VP they need Master’s degree +5 years or Bachelor’s degree +7 years.
I do have an overall experience of >7 years.
However, they also say I can’t use my any experience as AVP to qualify for the current role.
It needs to be things I gained as a senior software developer or any prior employers.
I don’t know if this 7+ experience is for information security or IT in general because although I did work information security stuff for a couple of years (2015-2016) as a Senior developer, the majority of my work experience is primarily in software development. What are my options?
When I was switching departments I did ask lawyers about this and they said It should not be a problem. But now with the new perm with this current situation and the above scenario, would I be able to have my PERM approved?