New PERM filed but not H1b amendment for material change in job promotion

USA
1

Hi,

I have an approved I-140 under EB2. I got a job promotion within the same company last year and the immigration attorney determined that, under current LCA, the job duties do not have a significant change that would require an h1b amendment. However, they advised for filing a new PERM. To show the experience gained within the same company, the attorney is showing material change in job duties for new PERM but not h1b amendment. My question is that can USCIS ask if there was a material change in job duties and the employer filed a new PERM, why H1b amendment was not filed, and how will it impact my current and future immigration status?

2

PERM and H1B can be for two different job positions.

Your attorney must have thought something and then advised you.

PERM is for future job position that company will offer you once you get the Green card.
On the other hand, H1B is for current job position which may or may not be same as future PERM job.

So, there is a difference.

3

Thanks Anil. I am still confused as to when it is determined by the attorney that no h1b amendment is necessary for the promotion, why can’t they use previous I-140 for filing I-485 when the priority date becomes current? Both h1b and perm were filed under same occupational category. Is there a specific guidance by USCIS, similar to H1b amendment, to file a new perm whenever an employee on h1b receives a promotion or because there is no guidance each attorney interprets it differently but both are right?