Hello
I got promoted, so they want to file new perm, I have approved I140 with PD 13 Jan 2015 with same employer, in this case employer will need to go through whole process of Job ad_PWR+PERM or it will be shorter process?
Per USCIS if there is a significant material change ( job duties, skills required for the new job, location of the job not within same MSA etc) in the H1B job, then an amendment is required.
You need to check if your job duties change significantly (>50%) from your duties before promotion and if you need different skills to perform your new job role as compared to the old one.
Because your green card job will be the same it also impacts your green card process which means the employer has to go through PERM & I-140 for the new job for you .
Personally I feel that this is a really bad time to accept promotion if it changes your duties significantly and impact your GC process. Are you EB2 or EB3? With the PD moving very fast, there is a golden chance for you to get your green card in coming 15 months.
My existing i140 is in EB2, I was individual contributor but now after promotion I am managing the team so there is a bit change in duties, new perm+I140(premium) can it be done in less than 12 months? also I can request lawyer to see if he can file this new i140 in EB3? I can concurrently file I485 ect along with i140?
How much is that ‘bit’? If your duties are still 60-70% same as your old job with same skills, you may want to review with your attorney is an amendment is needed.
Yes, if your PD is current in the DOF (if USCIS allows DOF filing) or FAD chart.