Change in Role - H1B filing an Amendment

[Grace2013]

Hi,

I am currently working on OPT. My OPT is valid till June 2013. My company applied for my H1B this april through regular and it has been selected in the lottery and it in the processing stage.

I have applied for a new position - new title -within the same company and the manager wants to hire me but says that there are some immigrations processes that need to take place even before they can give me the offer letter.

In what cases does this hold true?

The lawyers are looking to see if they would be any change in the job responsibilities and also they are waiting for my current H1B case to get approved. Is this necessary even before I am given the offer and I accept it?

When asked to file for premium processing, they said that there have been audits on some cases and scrutiny on whetehr the job really requires a degree, etc so they dont want to risk filing the premium process.

Can some one explain the actual process that needs to be done in such a case?

Thanks in advance for any help!

[wiweq]

Your duties can be changes before Oct 1st as you are on OPT. But to work on H1b, the LCA should be approved with new duties. This update will be done, once your H1b is approved. H1b amendment is nothing but filing new I129 with new LCA.