Need help! is it illegal?

B

babegirl42000

Registered Users (C)
My boss just approached me to change my duties to a position which is different what my H1B1 was approved for.
The position is only requried to have high school diploma (yes, it's like demoted) and i believe my agency will be out of compliance to the INS by doing this. I hold a BA in psych and working on Masters but according to new boss, it doesn't fit the current need for the work site, thererore i need either accept the demoted position (which has no valid reason based on my competency) or look for being transferred within agency.

I just have my H1B1 extention approved.

What would be the legal consequences the agency face if they force me to be demoted to the position only requires high school diploma.

Please help. I need to defend myself since i have been having a great reivew, and support from co-workers to keep my position until i get my green card interview around Feb 2004. It'll be only 4 more month
 
Immigration laws require that any change in your employment situation (job description, decrease in salary, etc) requires that a petition for amendment of H1 and or LCA be filed.
 
I think you are correct in assuming that there may be a problem as the minimum requirement for an H1-B is that the job requires a Bachelor's degree or equivalent.

I am not sure what will happen (or not happen) if your company does not do what nkm-oct23 has mentioned i.e. they do not notify the INS.

Try consulting an attorney to get the right answer/way out. Murthy has a chat on Mondays (www.murthy.com), and your question is general enough to request an answer. No harm in giving it a shot.

Best of luck.
 
thank you guys

i have talked with my boss and HR extensively and we worked things out since it will be only few more months to finish my GC case.

Thank you for your input and concern.
 
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