A Hypothetical Question…

[meg_z]

A person is an engineer on his 7th year of H-1B and still waiting for the dreaded LC, which was filed of course more than 365 days ago. For any reason he has to leave the current job. He finds a job in a different field, let’s teaching in a high school, providing he meets the qualifications. Will he be able to file a H-1B transfer? Will he be able to take advantage of the new law to extend his H-1B visa in a one-year increment based on the previously filed LC application? Appreciate very much your thoughts.

 

[rk4gc]

Originally posted by meg_z
A person is an engineer on his 7th year of H-1B and still waiting for the dreaded LC, which was filed of course more than 365 days ago. For any reason he has to leave the current job. He finds a job in a different field, let’s teaching in a high school, providing he meets the qualifications. Will he be able to file a H-1B transfer?

Not sure. I think for H1 transfer the requirements and job duties may need to be similer. Can a software engineer transfer H1 for Nursing postion though he meets requirements I doubt it.

Will he be able to take advantage of the new law to extend his H-1B visa in a one-year increment based on the previously filed LC application? Appreciate very much your thoughts.

Yes, as long as the labor processing is still valid and the company does not withdraw it.