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I-485 J Supplement and Changing the PERM Sponsored Level

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I-485 J Supplement and Changing the PERM Sponsored Level

Post by FNC » Sat May 11, 2024 6:56 pm

I am from ROW and have I-140 approved and I-485 is pending 180 days. Have got EAD and AP approved too. My green card was prepared for a future/prospective role (Data Analyst II - Level 5) but I am not yet promoted to prospective/perm sponsored role. Rather, I am currently at "Data Analyst - Level 4" and promotion hasn't happened yet. Since my time line is current as per visa bulletin and I will be getting green card approved soon. Is it very necessary that I have to be in the PERM sponsored role (future role) at the time when I-485 is approved by USCIS? 

1. Can this same company (which I am employed in currently who has filed for prospective role) can file I-485 J Supplement and downlevel the role at i.e., at Data Analyst I Level 4 from what they filed initially i.e., at Data Analyst II Level 5?  

2. If the green card is approved and if I am not having that future sponsored role, then what are the issues/consequences that I need to be aware of and what is the work around in that scenario?

3. If they are not planning to promote me at Data Analyst II Level 5 any time soon and my green card gets approved and after getting green card, I leave the company in 2-3 weeks, will this be an issue or a problem later in the naturalization?  

4. Do I need to be employed with the company until they promote me to that level after my green card approval or I can leave the company once I get the green card (which I want to) or this approach will be problematic for me?

5. How will the USCIS know that I am having working at perm sponsored role i.e., at Data Analyst II Level 5 or not? It's not written on paystubs or W2 either. Do they check this thing or see this when it comes to naturalization or call the company's HR to inquiry this?

6. I am trying to find a new employer and filing I-485 j supplement but I am not getting it as its very difficult job market to get a new job.
7. At what stage will the promotion be required for me to get a green card?

Please let me know.

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