H1 B Visa and Higher Position

J

jJohnjohnj001

New Member
Hi,

My Name is John Jose. Currently I am working in NY in H1-B Visa. I have one question . My Current employer is planning to promote me as the Vice-President of the company. Can I take this position while I am in H1-B Visa.

Expecting your reply at the earliest

Thanks
John
 
Hi John, you probably shouldn't give out your full name on an internet forum. This question is not really related to this subforum but it turns out I know a thing or two about H-1B visas anyway. The answer is, as long as it is not a "material change" from the job on your LCA then you can take this now job with the existing H-1B. "Material change" is not exactly defined in the law but would entail such things as different duties as those defined under LCA; different job location; significant salary difference for instance. I would guess that a promotion to VP level will probably require the company to re-file your H-1B with a new LCA. You could start the new job as soon as the application is filed.
 
Salary is double

Hi,

Thank you for your quick response. Salary is going to be around double than what I am making now. From where I can get more information to my question before my company promote me as VP. Is there any call-in number for these type of questions. When I called earlier USCIS, they haven't provide much informations on this.
Thanks
 
John, you can find tons of information on the internet from lawyer websites and forums. Unfortunately, not very much official guidance from USCIS. Ultimately you should also try to read relevant passages in the law (8 CFR). Do a google search on amended H1B and amended H1B material change. There's also a sub-forum for H-1B issues here. Essentially, your employer needs to file an amended H-1B petition, I-129, based on a new LCA. Cost will be around $2k plus attorney's fees, if you have an attorney prepare the petition. You can start the new job as soon as the application is filed. (google: H-1B portabilty)

Congrats on your impending promotion!
 
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Austracius is right, if there is a significant change in your salary and job duties/responsibilities than your company will probably have to amend your current H1B.
The reason I know this is because I recently got promoted and there was a significant change in my job duties/responsibilities, title as well as work place (but not a significant change in salary) so my company had to amend my current H1B.
Again, they did not apply for a new H1B, rather they just amended my current H1B.
Your company's lawyer should be able to take care of this very well.
Wishing you Congrats!
 
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Hi,
I have my H1B as a Systems Analyst since 2006 and I'm promoted as a Systems Supervisor a few months ago. There is no significant change in the Job duties(except that I will be supervising a couple of people). There is not much increase in the salary too(8% increase). Only the title is changed. And I didn't see any need of doing an Amended H1B at that time. But now I'm getting little more concerned as I'll be travelling out of US and will have to get stamped in India soon.

Is it going to be a problem? What kind of documentaion do I need to show them at the Stamping to make them believe that there is no significant material changes in my job?

What if I didn't tell them that I've been promoted and take the letter from my employer as "...Mr X has been working with us since xx/xx/xxxx as a Systems Analyst since."

PLEASE HELP
 
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