Hi @Anil_Gupta - I am currently working with a product company. My current H1B is valid till 2021. I have been offered position of Product Manager within the same company.
Does it call for a check with Lawyer if we need to file amendment? If we don’t file the amendment - will it impact the extension in 2021?
If we do file the amendment - and if gets rejected. I know I can go back to my old position. But, what other options do I have?
Have you seen, in your experience, similar amendments get rejected? The new position does need Bachelor or Master Degree and 3-9 years of experience. However, there are more than 50% changes in the job responsibilities.
You do need to file an H1B amendment if your job duties are changing.
There is a possibility that the amendment is denied if it is not counted as ‘Specialty occupation’. At that time, you can go back to work for the old position which already has an approved H1B.
thank you @Anil_Gupta - do you know if there’s a way I can find if “product manager” falls into specialty occupation? How about technical vs non-technical job duties even if it does fall into “specialty occupation”?
There are set of rules that are used to find if a job is a specialty occupation.
You will have to provide these documents to prove your job passes all parameters of specialty occupation.