Company ABC filed my Labor cert for position as a Network Engineer, salary $95k in 2001 from NY (where I was hired and working) and labor got approved. After Filing I-140 In May-2001, I was laid off in June 2001. But company kept me on Payroll and offered me a position as a System Admin with salary $85k at Virginia Location. My company attorney amended my H-1B visa petition to allow me to work in Virginia branch of the same company ABC. In meantime My I-140 was approved and somehow I got an employer letter showing that they are still interested in offering me a job as a network engineer in NY after approval of my Green Card. Finally My I-485 was filed in Feb 2002 and I am still waiting for approval. Due to almost closure of a NY branch of my company, there is absolutely no chance of getting a work at NY office, after green card approval. Now I am very apprehensive about my case. Can I continue at the same position and eligible for it or I have to go for job change? My current job is not exactly same but it is close to what it was advertised in labor cert and salary is also lesser than advertised at the time of labor cert. I need a feedback from you guys about the chances of my I-485 approval as well as any further suggestions in this regard. Please help ASP
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Company ABC filed my Labor cert for position as a Network Engineer, salary $95k in 2001 from NY (where I was hired and working) and labor got approved. After Filing I-140 In May-2001, I was laid off in June 2001. But company kept me on Payroll and offered me a position as a System Admin with salary $85k at Virginia Location. My company attorney amended my H-1B visa petition to allow me to work in Virginia branch of the same company ABC. In meantime My I-140 was approved and somehow I got an employer letter showing that they are still interested in offering me a job as a network engineer in NY after approval of my Green Card. Finally My I-485 was filed in Feb 2002 and I am still waiting for approval. Due to almost closure of a NY branch of my company, there is absolutely no chance of getting a work at NY office, after green card approval. Now I am very apprehensive about my case. Can I continue at the same position and eligible for it or I have to go for job change? My current job is not exactly same but it is close to what it was advertised in labor cert and salary is also lesser than advertised at the time of labor cert. I need a feedback from you guys about the chances of my I-485 approval as well as any further suggestions in this regard. Please help ASP
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You will not have any problem to get I-485 approve, as long as you are working with the same company. Your point of Job in Virginia (Field office) and NY ( corporate office) can be arguable. Companies do transfer their employees within the Projects, so you don,t have to worry.
Regarding your job after CG approval. you suppose to work for the same company for 180 days but you can get intra company transfer too, as long as you are working for the same company, promotion is not effected your CG approval.
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Thanks for your reply singhji. But my question is still unanswered. I filed my I-485 after moving to the different location for a different job titile as a permanent position in the same company. Now in case if I get an RFE then How I am going to justify it? My company has already amended my H-1B and INS knows that I moved in to the different job location and different job as I mentioned above in my case description. Please send your advice and opinion !!!!!!!
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