PLEASE HELP !!Changing to a different Position within the same company ???

[onlinefan2020]

Question regarding Changing to a different Position within the same company ???

Hi,

I am currently working for a company under H1b approved in April for a Position A. Recently a much better position B opened up within the same company. Both the positions are significantly different in Job description.

1. Does this require that I file a new petition to INS along with a new approved LCA?

2. If answer to question 1 is "yes" then in form I - 129, I have three options in Part 2 (Basis for classification). Should I check New petition or Change in the previously approved employment?

3. Aslo If I file the a new H1 petition with the same company for the Position B, can I start working in position B as soon as I filed under AC21 or should I wait until I get an approved petition.

4. In a worst case scenario if my new petition is rejected can I still be working in my old position A?

5. In form I -129, which of the following "Requested actions" should I check when I am applying for a new position within the same comapny. ** Also as a background I moved from F1 to H1 earlier and I donot have a H1 stamp.***

a) Notify the office in Part 4 so the person(s) can obtain a visa or be admitted
--or --
b)Change the person(s) status and extend their stay since they are all now in the U.S.
in another status (see instructions for limitations).
--or --
c)Extend or amend the stay of ther person(s) since they now hold this status.

Any kind of help is appreciated.

Thanks.

 

[jaxen]

1. LCA amendment should be sufficient, unless the 2 jobs are different. Moving from programming .Net to Java is not a significant change.
2. If the answer is yes, apply for a new petition. i.e. if the 2 jobs are dissimilar (like prgrammer to Business analyst or Manager)
3. New petition- have to wait for approval. But if it is within the company, the HR might be able to do something about it,
4. Yes
5. c, always c

 

[onlinefan2020]

thank you for the answer Jaxen

Thank you Jaxen for the reply.

Really appreciate your help, helped me make some quick decisions.