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Strong7799

H1B AMENDMENT (ROLE CHANGE) WITH EXTENSION - PLEASE HELP!

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Hello Everyone -

I’m in my 6th year of my H1B visa and have an approved I-140 with my current employer (I140 approval received on 8th Feb 2019). Also, my current H1B going to expire on October 25th 2019 (max out is on same date). Last week (18th Feb 2019) my role has been changed from Technical Lead to Architect. With new role, I’m going to work with same employer and same client project with no change in work location. Note that, I140 is approved on Technical Lead role.

Now in my situation,

1. For role change, do I still need to file Amendment? Of course there is a change is salary amount.

2. I know, I can file amendment and extension together but I have couple of month to file my extension i.e. possibly on/after 29th April if we consider max 180 days before)? So is it fine to hold amendment filing till 29th April so that I can file amendment and extension together?

3. Or do I need to file the amendment immediately and later when reach max 180 days for H1B expiry can file the extension for my 7th year H1B?

4. Ideally how much time USCIS take for normal amendment processing?

Thank you in advance!

Regards

Edited by Strong7799

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3 hours ago, Noah Lott said:

when did you graduate with a degree in Architecture???

He probably means Technical Architect. I have seen some organizations creating BS position names like VP Associate I  (especially banks). Internally they would just be level one associates and what not.

 

15 hours ago, Strong7799 said:

Hello Everyone -

I’m in my 6th year of my H1B visa and have an approved I-140 with my current employer (I140 approval received on 8th Feb 2019). Also, my current H1B going to expire on October 25th 2019 (max out is on same date). Last week (18th Feb 2019) my role has been changed from Technical Lead to Architect. With new role, I’m going to work with same employer and same client project with no change in work location. Note that, I140 is approved on Technical Lead role.

Now in my situation,

1. For role change, do I still need to file Amendment? Of course there is a change is salary amount.

2. I know, I can file amendment and extension together but I have couple of month to file my extension i.e. possibly on/after 29th April if we consider max 180 days before)? So is it fine to hold amendment filing till 29th April so that I can file amendment and extension together?

3. Or do I need to file the amendment immediately and later when reach max 180 days for H1B expiry can file the extension for my 7th year H1B?

4. Ideally how much time USCIS take for normal amendment processing?

Thank you in advance!

Regards

1- You do not file anything. Your employer will if  needed. Ask this to your employer and their attorneys. No one here has your case files. They are paid to answer your questions. From the looks of it your employer do need to file amendment as there is a material change in position.

2- See 1. Work with your employer to get this sorted out.

3- If amendment needs to be filed, it must be filed before you start working in that role and earning that new salary. Again work with your employer. They should be answering these questions for you. They can file amendment + extension based on approved i140 and get a 3 year approval .

4- Depends on where it is filed. Diff centers have diff processing times. Check USCIS website. Average timeline is 6 months.

 

Edited by xTDx

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Yes it is Technical Lead to Technical Architect & its job level change from current to one level up.

Thank you very much Noah and xTDx for your valuable inputs. Much appreciated!

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