Currently a senior, working hard to promote Manager in a year/two. Firm wants to submit PERM with EB3 senior position and said no promotion should be taken until getting I140. Only less than 2yrs left on H1B. Getting 140 can take very long and don’t want to delay career progress. Is this even right, why cannot file PERM for a future position? What can I do now? Pls advice!

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Posting as :
works at
You are currently posting as works at

You can be promoted after the perm is filled, even before filling the i140. That is what happened to me. As long as you do not change teams/work it is fine after filling perm. (I started GC process in March/2020, Perm approved on sept/2021, promoted in June/2021).

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Thanks! I still have one year ahead depending on the USCIS, but I can almost see the light… 😅

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It's definitely possible to file PERM for a future position, but your employer needs to agree. With less than 2 years left on H1b, unfortunately you don't have a ton of options.
1. Convince employer to file PERM in manager role
2. Stick it out for 2 years without promotion
3. Jump immediately to an employer who is ready to file Manager PERM on day 1

Thank you so much! If they insist to file with current position and I do take the possible promotion next year. What can happen if during PERM job posting step? What if PERM is submitted by then?

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