H1B Amendment

[Neel N]

I’m 4 years into my H1B and had my i-140 approved about 30 days back. I have a promotion opportunity within my company in the same facility (same building) under my current boss. I’m in the manufacturing field of work and my position would switch from  quality manager to operations manager. My company’s immigration law firm has come back and said that my H1-B would need to be amended and they would have to prepare and file the paper work with USCIS before I can start in the new position. They have also said that they would need to initiate my green card process all over again and I would be able to transfer the priority date once my new i-140 comes through.

My questions are –

1)      Why is my H1B being amended when I’m still with the same company and at the same facility

2)      How soon can I start in my new role ? Do I really need to wait till I get a receipt from USCIS ?

3)      Why do they need to restart the green card process ?

4)      Is it correct that I’ll be able to keep my priority date in case they restart the proces?

[Reddi]

My answers are here -

1. Seems the current job responsibilities change significantly, not matching to with the responsibilities mentioned in the original petition (current petition).

2. Once it is filed for amendment and get the file receipt then you can start immediately.

3.  As your new position is in the "different" job classification.

4. your priority date will be the same. that never changes.