H1b Transfer from IT to Marketing.

W

waitforgc123

Registered Users (C)
Hello All,

First THANKS to all for the fantastic information and help on this forum !

I have a H1 B based on IT ( Software Engineer).
I have already completed 6 years in the US, but I have three year extension till 2010 based on my labour pending for over 1 year.

I am not very keen about Green Card - But I wanted to change my job to Marketing for an insurance company (better pay and it is a role I like).

My questions are :

1) Can I transfer my H1 to do Markeing for the insurance company ( the job profiles are going to be different as my current job is in software) ?

2) Since I am on a three year extension based on my current Labor will it be an issue to transfer to the new company ? ( The new company is willing to transfer but is not willing to file a new H1).

Your advice is much appreciated.

Thanks,
Waitforgc123
 
Which stage of Green Card processing are you in? Is your I-140 cleared? In this case, yes you can change employer but have to re-start your green card process. However, you can re-capture the priority date from the previous company provided they do not revoke the I-140. It does not matter what kind of job you will perform while working at the new company.

On the other hand, if your I-485 was filed, and you wish to invoke AC21 to change jobs, then the new job should be similar to the existing one. You don't have to re-start the GC process.

Now, for your questions:
1. From H-1B transfer perspective, yes you can.
2. You don't need a new H-1B: a transfer is sufficient.
 
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