View Full Version : Retrogression and promotion

05-02-2007, 04:41 PM
I have my labor EB2 and I140 cleared. My PD is November 2005. If I get promotion to Senior Software Engineer from Software Engineer will it affect my GC processing?


05-02-2007, 04:52 PM
Yes, you will have to start all over again as your job responsibilities in the new role would be different. This would require the LC to be re-filed.

05-02-2007, 05:04 PM
How big is this company?
if your PD is Nov. 2005.. likely Jesus christ's 2nd coming is probably gonna happen before that becomes current.. and when you get closer to that.. depending what the the rules are then.. decide..
Why do it right now? what happens if you get another promotion next yr?
Right now.. Just sit tight..

05-02-2007, 05:39 PM
It shouldn't effect your GC at all.....my PD is also Nov. 2005 and I recently got promoted to a Sr. Title. My lawyer said that as long as the basic job description stays the same, it is absolutely fine.

05-02-2007, 06:03 PM
you can get promoted as long as the job descpription doesnt change too much.

vertical promotion is good.

So you are good to go man.

Anyway consult your lawyer for 100% confirmation.

05-02-2007, 06:09 PM
Also check with your lawyer what would be the impact of wage increase on the labor. I presume your wage would also be increased with the promotion ;)

05-02-2007, 06:33 PM
It's perfectly OK in your case. I got promoted to Sr. too and as long as your job duties are similar, you are ok. Vertical promotion is a good term to describe it. If you are becoming a program manager from a software engineer, then you need to re-file your labor. Going from software engineer to other software engineering positions do not require a new Labor.

05-04-2007, 01:14 PM
I remember reading somewhere as long as 50% of your new job description is the same as the previous job description you are good to go! Hope this helps.

05-04-2007, 01:41 PM
when the ad is formulated, the more restrictions that are in place, the more specific it is to the sponsored alien, it gets a lil "easier" for the terms of the LC to go thru....however then any promotion can cause an issue since ur moving out of the box that u created for urself.

05-04-2007, 01:43 PM
I Had the same doubts,I raised the following with my attorney, I got the following Response.

How does my GC process gets affected in the following scnearios. Do i need to redo my labor, 140 in these scenarios?

a) Change of Project location. Currently i am in Houston,If i move to another project in some other location.
A: No effect, the labor certification application has been worded in such a way so as to permit you to be a "roving/roaming" employee.

b) Promotion to next level.
A: Shouldn't have an effect as long as your job duties are at least 50% similar to the duties in your old position.