android.dmk Posted May 8, 2019 Report Share Posted May 8, 2019 I am on a H1B visa with a Consulting firm over the last 7 years (up for renewal in June 2020). When my H1B was filed initially, it was filed for a PMO, Portfolio Management job description. The Green Card was also filed with the same job description in 2016 (priority date). I have an approved I140. Over the last few years my work has transitioned from Management to being more technical , software application specific. Recently i have requested a lateral move in my firm from the Management side of the house to the Technical teams. The immigration team reviewed my case and indicated that since the job description which is on my current H1B and Green Card are substantially different than the new role description, they will have to file for amendments to my H1B and Green Card. They also indicated that there will be certain risk involved since there is a substantial material change on my case (job description completely changing) My questions: 1) If they have to file, what is the path of least resistance 2) Will they have to file for an amendment to my current H1B and the Green Card concurrently or can it be done separately (i.e. file the H1B amendment first and then once its approved, make changes to my Green Card application)? 3) Will there be any risk involved given that my H1B is up for renewal in Jun'20 and if they decide to file for an amendment in the next week or so (from a timeline perspective)? Will an amended I140 be needed for applying for the Jun'20 extension ? 4) If the amendment gets rejected, will my existing H1B be valid till the end of the duration - Jun'20 or will be it revoked ? Quote Link to comment
pontevecchio Posted May 8, 2019 Report Share Posted May 8, 2019 I suspect that by "amendment", they mean they need to file for your GC again though you get to use the PD. Based on this approved I-140, you could get H1 extensions. Quote Link to comment
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