Joju Posted June 17, 2021 Report Share Posted June 17, 2021 Hello, I have approved I-797 based on my approved I-140. I am currently in Canada and have got promoted into a different role but the employer is same. I am going to appear for my Visa Stamping. I am Indian Citizen working in Canada on work permit. I had few questions - 1. What document about the new role do I have to take for the Visa Stamping? Do I have to file another DS160 with the new role details and new appointment? 2. Does my employer have to file amendment on my H1 and can I still use the same Visa stamping date? 3. Does my employer have to file another LCA? I have got this H1 based on my approved I-140 Please let me know. Thanks in advance! Take care! Quote Link to comment
pontevecchio Posted June 17, 2021 Report Share Posted June 17, 2021 "Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed." "Even if there is no change in the work location, an H1B amendment is required when there is a “material” change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much a grey area. One should consult a qualified attorney for an individualized assessment in this type of situation. (31.Jul.2019)" The website of the firm is quite useful if you use the search function. Moreover, your employer should have been aware of what needed to be done. Quote Link to comment
LeaveMessageH1B Posted June 17, 2021 Report Share Posted June 17, 2021 **My response is based on assumption that you wanted to come to US and wish to work from US** Rule of thumb to avoid any rejections/RFE and delays --> get stamped based on most recent approval/change. Also your attorney / employer have to provide you with all needed documents and answers as they can be employer specific. for starters: docs from HR stating your promotion to new role/position, new responsibilities, job code etc. Quote Link to comment
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