If I am in in the last stage of my permanent residency process

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If I am in in the last stage of my permanent residency process (I-485 application made for alien change of status) and waiting for a visa number from the department of state, can I apply within my company for a new promotional position now, in other words get a new job within the same company, or do I have to start all over again with the permanent residency process if I attempt to move positions ? I have been told that I cannot move positions until I recieve my green card by some people others tell me I can now that I am in the last stage and have recieved my labor certification and I-140 approval.

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Indianapolis, Indiana

Already Tried:
Labor certification recieved, I-140 recieved,visa number available,I-485 application already sent, now waiting for permanent residency and want to apply for a promotional position outside my department but within my company, can I legally move jobs within the company or must I wait for the permanent residency to be complete ?

Customer (name blocked for privacy)

Status: Closed Value: $15

Are you filing a Family-based Application or an Employment-based Application? If you are already working legally with your company then you can work in any position they feel you are qualified to work. If you are already employed there and have been legally working there, WHERE in the company you work makes no difference in the eyes of the government as long as the salary you are being paid will be the same as or more than you were making before. The reason is, that if you are filing for an adjustment of status based on employment, they need to be sure you will be financially able to support yourself as said in your employer's statement on the I-140 form that was included wth your I-485 application:

-- Employment Letter.

If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.

So, as long as you will be working for the same company, making at least what you were making before, and have followed all the legal steps in your paperwork, you should be fine to go ahead and apply for, or accept, a promotion.

I hope this has helped, and if you have further questions, please feel free to contact me.

Reply to truthfinder's Post: Thank-you for responding. In the time that I have listed this question, I asked the same question by email to my HR dept contact handling the case with the company lawyers for my I-485 change of alien status paperwork (this is the last of 3 stages of the process, I already have the approvals from the first 2 stages,the Labor certification, and I-140). They insist that I must stay in my present job and the only promotion I can take is what they call an in-line promotion which means the promotion must have very similar responsibilities and can only be within my section, example: I am a Research Chemist 1, and can only be promoted to a Research Chemist 2. I cannot apply to say a Project Manager of a different dept(according to them). I assume this is company policy to limit immigrants to movement until the process is fully over, which will be in about a year for me. Interesting that they never mention job title or position change should not matter as long as I make the same or more money than before. I will remember that but know they hold the reins until I recieve the green card. Thank-you. Joel1001

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