H1B Amendment and GC Process


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Hi Gurus,


Here is my situation:


My company applied My H1B with position A in January 2013 and I got I-797 for 3 years.


After 6 months the whole company reformed the designations and my designation also changed from A to B with no change in salary, responsibilities and duties.


My employer started my GreenCard (GC) process with position B which is my current position. They have already received prevailing wage in May 2014 for position B. Now attorney is saying that I need to first file H1 Amendment in order to start GC because my H1 was for Position A.


Here are my questions:


1) Do they really need to file H1 Amendment ? 

2) If they start H1 Amendment, Do they need to hold my GC process till I get H1 amendment? 

3) Is H1 amendment holding point for GC process?


Its really urgent!  Appreciate your help in this matter!



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