Changing jobs from software engineer to business analyst

[rrvvmg]

Hi,

I'm in my 8th year of H1, with an approved I-140. My priority date is November/2007, and I'm waiting for the dates to be current.

This might be a lengthy email, but please do go over it as you will be greatly helping me in my career, and I thank you for that.

Now, I'd like to switch to the role of a business analyst in my company. From what I've read online, here's what the law said regarding H1-B amendments: "Regarding H1B amendments...the position (from PERM) must be permanent and available AT THE TIME I485 is filed and when GC is approved...". I also read online that, "...A person deos not need to have a job for which he or she is being sponsored...as long as the company can show that the job for which the person is being sponsered is still availabe and can be offered WHEN GC is approved..."

Could you please tell me what my options are? I'm hoping I hear positive news since it's the same company and my managers are willing to help any wording necessary.
What should my employer do in order for me to be able to transition smoothly?
What should my lawyer do in order for me to transition smoothly?
Where are the risks (like losing priority date, etc?)

Thanks,
-Yajiv

 

[ginnu]

Hi,

I'm in my 8th year of H1, with an approved I-140. My priority date is November/2007, and I'm waiting for the dates to be current.

This might be a lengthy email, but please do go over it as you will be greatly helping me in my career, and I thank you for that.

Now, I'd like to switch to the role of a business analyst in my company. From what I've read online, here's what the law said regarding H1-B amendments: "Regarding H1B amendments...the position (from PERM) must be permanent and available AT THE TIME I485 is filed and when GC is approved...". I also read online that, "...A person deos not need to have a job for which he or she is being sponsored...as long as the company can show that the job for which the person is being sponsered is still availabe and can be offered WHEN GC is approved..."
---------GC is for Future job after I-485 approval,Employer gave you letter of Job offer that you sent with I-485 what is the problem?
Could you please tell me what my options are? I'm hoping I hear positive news since it's the same company and my managers are willing to help any wording necessary.
-----------------wording for what?

Where are the risks (like losing priority date, etc?)
-None as GC is for future job and IF USCIS ask latest job offer letter Before I-485 then employer should give you job offer letter with same/similar job duties as on LC
Thanks,
-Yajiv

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[rrvvmg]

Thanks for the answer Ginnu.
-Yajiv