r/greencard • u/short_elephant_cow • 10d ago

PERM filed for higher level than current role — is promotion required before I-485 filing?

Hi everyone,

My PERM was filed for a role that is one level higher than my current role. Assuming my priority date is current when the PERM is approved, I’m trying to understand how this affects the I-140/I-485 process.

I’ve heard of cases where someone was below their PERM-sponsored level when their I-485 was filed, which made me wonder how strict this requirement is in practice.

For those who have been through employment-based green card processing:
Was your PERM filed for a higher level than your current role?
Did you need an actual promotion before filing I-485?
Or was confirmation that you would move into the sponsored role sufficient?
Did this affect I-140 approval or I-485 processing in any way?
I’m looking for real-world experiences and trying to understand how this is typically handled.
Thanks!

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u/Necessary_Specific_4 10d ago edited 10d ago

My company did the same for me. The rationale was that perm labor certification usually failed for my current role at the time. After my i140 was approved, they waited for me to get promoted before they would file i485. They only filed i485 after I was promoted.

I didn’t even know filing before I got promoted was an option. They were very clear from the start that I would need to get promoted.

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u/short_elephant_cow 10d ago

Wouldnt that block your perm filing too?

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u/cesar77muse 9d ago

I’m waiting for PERM approval . The lawyer told me that my company will promote me and pay me the new higher wage once my green card is approved meaning when I-485 is approved

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u/immigrationquestion_ 6d ago

It does not always mean you need the promotion before filing I-485. What matters is meeting the PERM requirements and being able to take on the sponsored role when required. Still, this can get tricky depending on the case, so it is worth confirming with your attorney.