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

onlinefan2020

Registered Users (C)
Hello All,

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. :confused: :confused:

Thanks.
 
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