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The Alien Applicant's Job Duties Must be Sufficiently Similar for Form I-485 Application

Hi William,

I have a Form I-485 application pending, can I accept a job promotion as a manager from my employer, and remain eligible to Form I-485 application to adjust my status to U.S. permanent residence?


USCIS adjudicator will evaluate the promotion situation on a case-by-case basis. The alien applicant's job duties for each position, the SOC codes for each position, and any differences in the salaries will be the determining factors, as to whether the alien applicant remains eligible for Form I-485
adjustment of status.

Whether the new position is considered a demotion, a simple move, or a promotion within the organization, the alien applicant's job duties must be sufficiently similar. 

adjudicator will review the totality of the case, based on the regulation in INA section 204(j) and 106(c) of AC21, to evaluate the job mobility within the same or similar occupational classification, for qualifying alien applicant with the pending Form I-485 adjustment applications.

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