H1b amendment: change in job title

[farevalo]

I just have a really quick question. I currently have an H1b, but I am considering moving to another department (within the same company). I know that I will need an H1b amendment because the job description will change.
- What is the difference between an H1b amendment and obtaining a whole new H1b? Is an amendment faster/easier to obtain?
- Does an H1b amendment require a whole new visa stamp on my passport?

THANKS!!!

 

[great guru]

I just have a really quick question. I currently have an H1b, but I am considering moving to another department (within the same company). I know that I will need an H1b amendment because the job description will change.

Unless it is a major job description change, then it is not practical to amend within the company. - What is the difference between an H1b amendment and obtaining a whole new H1b? Is an amendment faster/easier to obtain? Yes - Does an H1b amendment require a whole new visa stamp on my passport? NoTHANKS!!!

 

[obiwan]

more on change of title

more questions from a newbie:

Question: i have an offer from a mortgaging company as an Underwriter but i eventually want to work as an Account Executive for wholesaling mortgage loans still in the SAME company........(the salary is 3x larger)

The Underwriter job is more of analysis....while the Account Exec. job is more of marketing and selling.....

1. would i have to amend my Job Title with the USCIS? would USCIS allow it?
2. what if i think that the USCIS will not approve the change of title, what are the consequences if i do NOT amend it?

Thanks!!

 

[great guru]

more questions from a newbie:

Question: i have an offer from a mortgaging company as an Underwriter but i eventually want to work as an Account Executive for wholesaling mortgage loans still in the SAME company........(the salary is 3x larger)

The Underwriter job is more of analysis....while the Account Exec. job is more of marketing and selling.....

1. would i have to amend my Job Title with the USCIS? would USCIS allow it?
2. what if i think that the USCIS will not approve the change of title, what are the consequences if i do NOT amend it?

Thanks!!

Under writer x salary
Account Executive 3x salary

Here worth amending H1, which is useful if you are going for LC with higher salary.

 

[niceone]

My company did amendment for little salary changes.My current visa valid upto this year end.I am going for marriage this August.I am not planning for my visa at this trip.Hope my case doesn't require a visa stamp on my passport.

One more question to ginnu or great guru..My (fiance)wife is going for H4 stamping.I going give my amendment I797 and all LCA ,I129 etc.
for interview.Do you guys think anything from my side need to take care??

Thanks for ur input

 

[obiwan]

Under writer x salary
Account Executive 3x salary

Here worth amending H1, which is useful if you are going for LC with higher salary.

Thank you Great Guru!

Also, can I have your personal opinion on whether the USCIS will actually allow the position as Account Executive (for sales and marketing of mortgage loans) as a valid H1B position? I am asking since I spoke with a consultant (not a lawyer) who said that the Account Executive would not be approved since it does not require a baccaluerate degree (i am hoping he is wrong so i am getting as many opinions as i can) ...

hope to get your opinion since my accepting the initial Underwriter position is dependent on whether i can amend my H1B to change my position to Account Executive, then eventually Sales Manager.....

Thank you in advance to anyone else who can help me...

All the Best!

 

[great guru]

My company did amendment for little salary changes.My current visa valid upto this year end.I am going for marriage this August.I am not planning for my visa at this trip.Hope my case doesn't require a visa stamp on my passport.

One more question to ginnu or great guru..My (fiance)wife is going for H4 stamping.I going give my amendment I797 and all LCA ,I129 etc.
for interview.Do you guys think anything from my side need to take care??

Thanks for ur input

All the latest documents needed. Do not give old document by mistake

 

[great guru]

Thank you Great Guru!

Also, can I have your personal opinion on whether the USCIS will actually allow the position as Account Executive (for sales and marketing of mortgage loans) as a valid H1B position? I am asking since I spoke with a consultant (not a lawyer) who said that the Account Executive would not be approved since it does not require a baccaluerate degree (i am hoping he is wrong so i am getting as many opinions as i can) ...

hope to get your opinion since my accepting the initial Underwriter position is dependent on whether i can amend my H1B to change my position to Account Executive, then eventually Sales Manager.....

Thank you in advance to anyone else who can help me...

All the Best!

If you are going to take care of few clients account alone, it is less technical job. You have to find out exact job description in DOL. and job requirements.
By the by are you passed CPA. If you hold CPA , most of the problem will goes away.

Most of the problem crops up in the LC/PERM, this is temprory job (H1) INS may approve it at its own discretion.

 

[fandorin]

Change in jobs within the same department question

Hi,
I currently hold H1, but applying for a manager position in the same department. The pay difference is not huge (4-5K), but the job description is different.

I understand from your posts that I need to ammend.
Question:
- Will the amount of paperwork will essentially be the same as for new H1B filing?
- How long will it take to get the amendment approved? (this is very crucial for me)
- Can I start working in the new position before it is approved?
- Finally, Will it be harder to get LC for a IT manager position then for IT tech guy?

Thank you very much!!!!!!!!!! I really appreciate the help you provide here!
fandorin

 

[farevalo]

Hi. I am in the exact same situation you are in. After speaking to my immigration lawyer, he mentioned some very important things. First, the H1B is separate from the LC. Before the LC is approved, you are free to work for any company in any position you want, provided you have a valid H1b. If you are changing job title & responsibilities, you will need to file a new H1B. If it is only a change in job title but the responsibilities are the same, you may not need to file the H1b amendment. Please note that an H1b amendment is not the same thing as a brand new H1b (an amendment does not require a new stamp on your passport and can be filed in days)...

Because the LC is for a job IN THE FUTURE, the work you while your LC is pending is irrelevant. HOWEVER, once the LC is approved, you must go back and do the job indicated in the LC application.

 

[great guru]

Hi. I am in the exact same situation you are in. After speaking to my immigration lawyer, he mentioned some very important things. First, the H1B is separate from the LC. Before the LC is approved, you are free to work for any company in any position you want, provided you have a valid H1b. If you are changing job title & responsibilities, you will need to file a new H1B. If it is only a change in job title but the responsibilities are the same, you may not need to file the H1b amendment. Please note that an H1b amendment is not the same thing as a brand new H1b (an amendment does not require a new stamp on your passport and can be filed in days)...

Because the LC is for a job IN THE FUTURE, the work you while your LC is pending is irrelevant. HOWEVER, once the LC is approved, you must go back and do the job indicated in the LC application.

To get your LC approved first of all, you no need to be present in US at all. Then, where come after LC approval you have to go back and do the job indicated in the LC application.

LC is just a certification from DOL that there is no such candidate locally avialble to fill the job . Thats it. It will not allow you to work in any company.