Promotion while in H1B/ while in extended H1B

[visa_query05]

Hello Friends -

My Case:
Currently on H1B. My 6 yr period will max out in Nov 2013.
I am working full time for an employer. My employer applied for PERM in June 2011 in EB3.

Questions:

1) I am currently working as a Developer(as mentioned in my petition). I am going to be promoted as a Lead Developer. I will be continue to work for the same employer at the same location. Only my designation changes to lead developer and my salary.
- Does my employer need to file a H1B amendment?
- If yes and say if H1B amendment gets rejected, does it affect my existing H1B ( developer role)?

2) Say if I am promoted to a manager in Jan 2014. By now my H1B would have maxed out and say I was able to get my H1B extended based on my pending I-140.
- Does my employer need to file a H1B amendment now that there is a drastic change in my responsibilities?


Thanks

[shervin143]

1) I am currently working as a Developer(as mentioned in my petition). I am going to be promoted as a Lead Developer. I will be continue to work for the same employer at the same location. Only my designation changes to lead developer and my salary.
- Does my employer need to file a H1B amendment?
- If yes and say if H1B amendment gets rejected, does it affect my existing H1B ( developer role)?
>>> If the job responsibilities has not changed, then there is no need for an H1B amendment. Developer / Lead Developer - There is no much difference.

2) Say if I am promoted to a manager in Jan 2014. By now my H1B would have maxed out and say I was able to get my H1B extended based on my pending I-140.
- Does my employer need to file a H1B amendment now that there is a drastic change in my responsibilities?
>>> Yes. That would affect your GC too since the job responsibilities and the title has completely changed.

[visa_query05]

Thanks Shervin.

Could you please also reply that if the H1B amendment gets rejected does it affect my existing H1B?

My employer, a US based well recognized company, tells me that they can't promote me until I get my EAD. They just filed my PERM in EB3 few months back. It would take be at-least 7-8 years before I get my EAD and they expect me to stick with the same base pay and role for 7-8 years. Before I joined them, during my HR interview, I was not informed of this. In fact I was told I will get promoted within a year or so based on my performance.

I am trying to understand if there is any legal constraint prohibiting promotions while in H1B status or is it just that the employer does not want to spend more bucks filing amendments.