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Is a new PERM needed for change in role

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  • Is a new PERM needed for change in role

    I have a PERM and I140 approved from 2011 under EB2 category. I have been promoted multiple times from junior to senior and principal roles since and recently took up a lead position. My company wants to file an updated position due to the change in role. The filing will still be made in EB2 category. My question is if a new PERM needs to be filed in my case. I am still with the same company and still a software engineer. Can someone provide some guidance or point me to something relevant here? Thanks so much.

  • #2
    Originally posted by barrychurch View Post
    I have a PERM and I140 approved from 2011 under EB2 category. I have been promoted multiple times from junior to senior and principal roles since and recently took up a lead position. My company wants to file an updated position due to the change in role. The filing will still be made in EB2 category. My question is if a new PERM needs to be filed in my case. I am still with the same company and still a software engineer. Can someone provide some guidance or point me to something relevant here? Thanks so much.
    Yes, any change is designation and/or responsibilities would require a new PERM. If everything is the same, then there would be no need of a new petition right? If something has changed then logically a new PERM process would be required to create a new EB2 petition.
    Just an opinion; Not legal advice.

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    • #3
      Thanks. I have some follow up questions. (1) I am past 6 years on my h1b, when I file for extensions in future do I need this new perm to be approved or will be based on this new perm? (2) just for my hypothetical situation if my new perm or I140 gets denied for any reasons what happens to my green card situation? Will I continue to retain my old approvals if I go back to that position etc?

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      • #4
        Originally posted by barrychurch View Post
        Thanks. I have some follow up questions. (1) I am past 6 years on my h1b, when I file for extensions in future do I need this new perm to be approved or will be based on this new perm? (2) just for my hypothetical situation if my new perm or I140 gets denied for any reasons what happens to my green card situation? Will I continue to retain my old approvals if I go back to that position etc?
        If you want to extend based on your new position, then the new petition needs to have been approved. Yes, you can always go back to your old position.
        Just an opinion; Not legal advice.

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