H1B Occupations

[DoTheRightThing]

Hi.

 

My friend has 3 years experience in handling accounts for companies and then later built 8 years experience in IT software development. He has a H1B from employer A (IT software company) but was unable to travel to the US.

 

If he gets an offer from employer B (non IT company who is in the US) for a position of Accountant.....

 

1. Can he join employer B for the position of Accountant with the current H1B that was taken from employer A (a IT software company)? What are the laws regarding this?

2. Can he ask employer B (non IT company) to file a new petition for H1B transfer from employer A (IT company) to employer B?

3. After going to US, if he finds a better job / project in Company C for IT software development, can he get a H1B transfer to Company C? What are the laws regarding this?

4. Does a H1B visa restrict the holder to a particular occupation even though the H1B holder has experience in more than one H1B visa occupations?

 

[rahul412]

Your friend cannot go for H1 transfer without working for the initial sponsoring employer, you need a new H1 now. 

[DoTheRightThing]

Your friend cannot go for H1 transfer without working for the initial sponsoring employer, you need a new H1 now. 

 

I was told that the new employer can file for a new petition for the H1B holder and once that is done, the H1B holder can use the new I-797 petition and the visa stamping from the old employer in passport (as long as the visa is valid) to come to US.

 

The H1B was filed by Employer A for the position of Software developer. If Employer B offers him the position of Accountant, can he use the same H1B to work as a Accountant. Later if he finds a better position after few months as a Software Developer can he change his occupation in the same H1B? Is this legal and what are the rules regarding this? Is he running a risk of getting a RFE if he does this?

 

Does a H1B visa restrict the holder to a particular occupation even though the H1B holder has experience in more than one H1B visa occupations?

 

Please help.

[DoTheRightThing]

I was told that employer B can apply for a new petition to change the H1b from employer A to employer B and then the H1b holder can use the new petition from employer B and the valid visa (unexpired) of employer A on his passport to travel to US.

But we want to know if it is legally allowed to use the H1B that was filed for the position of Software Developer to work for employer B for the position of Accountant? If he finds a Software Developer job with employer C, can he transfer his H1b visa since the occupations are different.

 

Is this legally allowed or does he risk to get RFE if he does this?

Does a H1B visa restrict the holder to a particular occupation even though the H1B holder has experience in more than one H1B visa occupations?

[rahul412]

1. H1 is for some occupations only, you need to check with your attorney whether your account job is eligible for H1 or not

2. Without working for H1 employer you cannot file for H1 transfer, you need a new H1 filed on April 1st. If you doesn't work for your initial H1 sponsoring employer then that H1 is invalid.

[JoeF]

I was told that employer B can apply for a new petition to change the H1b from employer A to employer B and then the H1b holder can use the new petition from employer B and the valid visa (unexpired) of employer A on his passport to travel to US.

But we want to know if it is legally allowed to use the H1B that was filed for the position of Software Developer to work for employer B for the position of Accountant? If he finds a Software Developer job with employer C, can he transfer his H1b visa since the occupations are different.

Is this legally allowed or does he risk to get RFE if he does this?

Does a H1B visa restrict the holder to a particular occupation even though the H1B holder has experience in more than one H1B visa occupations?

It may work if he got his H1 before 2014. Since last year, a new rule IS in place that the person has to start working for the employer who originally filed the H1. This is to crack down on fake H1 petitions where a job doesn't really exist.

[DoTheRightThing]

Accountant and Software Development job are both listed as a H1B speciality occupation.

So is it OK if he travels to US for employer A works as a Software Developer then transfers H1 to employer B after 3 months and work with him as Accountant then transfer H1 to employer C after few months and work with him as Software Developer? Is it legal to work under the same H1B for multiple and different speciality occupations??

[DoTheRightThing]

Accountant and Software Development job are both listed as a H1B speciality occupation.

So is it OK if he travels to US for employer A works as a Software Developer then transfers H1 to employer B after 3 months and work with him as Accountant then transfer H1 to employer C after few months and work with him as Software Developer? Is it legal to work under the same H1B for multiple and different speciality occupations??

[rahul412]

Accountant and Software Development job are both listed as a H1B speciality occupation.

So is it OK if he travels to US for employer A works as a Software Developer then transfers H1 to employer B after 3 months and work with him as Accountant then transfer H1 to employer C after few months and work with him as Software Developer? Is it legal to work under the same H1B for multiple and different speciality occupations??

Why so many transfers?why not employer C directly?? Do you know how much it costs for employer to file H1?

[DoTheRightThing]

Why so many transfers?why not employer C directly?? Do you know how much it costs for employer to file H1?

 

It is just a hypothetical question to understand the laws behind changing the same H1B from one occupation to another. In reality there is no employer C. Just wanted to know what is the right thing to do if this does happen in future.