Question about Change in job title during Green Card

[RSK 0]

Hello,

 

I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -

 

·  Generally someone with industry knowledge and/or software knowledge

·  SME in multiple areas

·  Able to assist in even more areas

·  Able to work without management intervention

 

My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - 

 

·  SME in a lot of areas

·  Able to work in any area

·  Able to talk accurately about the whole product whenever and wherever regardless of audience

·  “Manager” on the floor, a mentor to “all” that need help, trusted advisor

·  The one that the Engineer level people go to and want to be

 

My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. 

 

I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.  

 

I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment? 

 

Can you please give me some insight so I can get promotion within same organization without affecting my green card, because I like working here and want to continue here but also want to grow in my career.

 

Thanks so much for your help !

 

Regards,

 

[Boiler 45,837]

Well with that sort of timeline must be Indian

 

The important issue is the money, are you getting that?

 

You do not mention the Lawyer, that should be the one involved.

[Bajinga 136]

while titles and descriptions very greatly between the employers. EB and H1B adjudicating officials go by the standard o*net job description for the titles to get the idea of the responsibilities. there are multiple factors at play, when the amendment is filed the prevailing wage levels are accessed again for the new title against the average for the new title during adjudication. in my opinion Consultant is an odd title for an Engineer to be promoted to though. usually its on the lines of Software Engineer > Senior Software Engineer > Staff Software Engineer > Principle Software Engineer or some variation of that sort

IMO employees of the software companies (non consultancies)  using standard titles and that are on the higher spectrum of the prevailing wages are very less likely to face issues  during the amendments. Since you mentioned I-140 is approved, the market seems great and you have the option of switching to another employer, promoting yourself to the next level which offers a standard title. Its also a much more lucrative option most of the time in my experience :)