Change in job roles within company with approved I-140

[nrvj]

Hi,

My H1 B maxed out in Feb 2010, however my company continued processing my green card and my PERM was approved in Apr 2010 and I 140 in May 2010. The company now says that the role I was working on (and which is mentioned in the PERM application) is currently on hold. They have an open position, but with a different role.

The company's immigration team says that they cannot process my H1 for the new role, since my PERM application is for the previous role. I do not intend to use file for I 485 (my spouse has an earlier priority date) and the intent for this green card was to extend my H1.

Is it true that the job roles within the company cannot change once the greencard application is in process? Are there any options for extending my H1 with either this company or another company.

Thanks in advance,

[Subramanya]

My H1 B maxed out in Feb 2010, however my company continued processing my green card and my PERM was approved in Apr 2010 and I 140 in May 2010. The company now says that the role I was working on (and which is mentioned in the PERM application) is currently on hold. They have an open position, but with a different role.

The company's immigration team says that they cannot process my H1 for the new role, since my PERM application is for the previous role. I do not intend to use file for I 485 (my spouse has an earlier priority date) and the intent for this green card was to extend my H1.

Is it true that the job roles within the company cannot change once the greencard application is in process? Are there any options for extending my H1 with either this company or another company.

---- Roles can change within a company while you are on H1. An amendment to that effect needs to be filed when renewing your H1. It does not affect the GC processing nor GC processing will affect H1 renewals. Both are independent of each other

---- If you so wish you can transfer your H1 to another company. As the I-140 is approved, you can retain the PD with the next company.

---- However, as your spouse filed for I-485 (hoping that it included you as a benficiary) you do not have to worry too much of the GC. If you do not have H1 you can still apply for EAD based on your filed I-485

Subramanya