H1B Transfer to new role within same company


kumark12

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I am a mechanical engineer.  Here is my situation -

1. Moved to US on L1 visa in Apr 2011

2. I140 approved with priority date of 11/2013 in EB2 category in Indian national. 

3. L1 visa expired and transferred to H1 visa in Apr 2016 (expires Apr 2019)

I am intending to move to a new role within the same company and same location.  New role is also a mechanical engg type role but the law firm is advising I file H1B amendment for role change and restart the PERM process.  I am nervous about restarting the PERM process.  I am looking at 3 scenarios below. 

Scenario 1:  Apply H1B amendment and extension for new role.  Move to new role.  Restart PERM process.  If H1B amendment / extension for new role gets rejected ~ what are my options? 

If the initial amendment / extension is approved (for 3 years) but PERM does get rejected - what are my options?  Will I be able to stay till end of 3 year extension period OR do I have to leave because I have already stayed in US for > 6 years? 

Scenario 2:  Apply H1B extension for current role.  Apply for PERM process for new role simultaneously.  Once approved, apply for H1B amendment for new role and move to new role.  If any of these doesn't pan out - I stay in my current role. 

This seems to be the lowest risk approach but will require my new / current managers to be very flexible.  Any other risks I am ignoring in this scenario? 

Scenario 3:  Work with law firm to convince that PERM doesn't need to be re-initiated.  I am already working on this but this seems an uphill battle. 

Appreciate advice as I work in a multinational company with less than 1% H1B visas and there is not a lot of experience / sources of expertise to get feedback from. 

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