Changing departments within the same firm


niraj_a

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Posted

Hello,

A quick background: My OPT expires in May 2013 and I've applied for the H-1B in the advanced degree quota this year. Haven't received a notification of lottery results yet.

Question: Assuming I get positive news about the lottery, am I allowed to switch departments within my firm without tripping any visa laws/filing a new application? I'll still be in the same stream i.e. finance, just want to move industry coverage groups i.e. from FIG to TMT for example.

Or is it that I'm committed to the firm as well as the team until October 1 when the H-1B comes into effect?

Posted

If there is a change in your job title when you switch to other dept even if is in the same firm then you need apply for the amendment for the new JOB TITLE and it should not effect you in any manner

The H1B in your case becomes effective from OCT 1st

Posted

Thanks so much IM129. So if I understand you correctly, I will just need to have the immigration lawyers file an amendment in job title, if I choose to move within the firm before October 1, correct?

If there is a change in your job title when you switch to other dept even if is in the same firm then you need apply for the amendment for the new JOB TITLE and it should not effect you in any manner

The H1B in your case becomes effective from OCT 1st

Posted

The best action is to have an attorney analyze whether this will be a "material change" in the job, and if so, file an amended petition, which is normally a simple matter, with the only filing fee required being the $320 basic filing fee.

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