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Is it safe to work at new project for same employer (H1B amendment) as per current trend

asked Nov 23, 2018 by vram (150 points)
Hi ,
I got new project in different location , my h1b extension got approved recently for 3 years , my initial h1b is valid till 2018 dec and new extension valid from Jan 2019 till 2021 , as per the current situation , is it good to move to new project ? what is the approval rate for H1B amendments ??? Is there any impact for new amendments with 2019 new rules ??

plz advice


1 Answer

0 votes
answered Nov 23, 2018 by dan (25,444 points)
As long as the specialty occupation and employer-employee relationship rules are met you will get an approval.

Would this be a fulltime or a contract role?
commented Nov 23, 2018 by vram (150 points)

Would this be a fulltime or a contract role?

its not FTE , its contracter 

If job title and job duties for current role is same as for new position , will it increase approval changes  ?  Does USCIS officer expect same role and duties of previous job or they will look for changes ? 


commented Nov 23, 2018 by dan (25,444 points)
As long as you continue with the same job without any material changes, any future extensions will be a cake walk.
commented Nov 23, 2018 by vram (150 points)
actually the new project is not with in same MSA , employer has to file amendment , when filing amendment if attorney use same job title and duties as previous job then it will increase approval changes ?
commented Nov 24, 2018 by dan (25,444 points)
Not really, this would be treated as a new petition and has to go through the 360 degrees.
commented Nov 24, 2018 by vram (150 points)
Dan ,

When uscis is evaluating specialty occupation , does it check bachelors degree or masters degree ??  I have masters in software engineering and bachelors in electronics and communication engineering and my current soc code is software developer applications, if my new role is software developer with job duties are similar to software developer code then I can map my masters degree(software engineering ) to qualify for specialty occupation ? I have seen some RFE,s uscis is Specially touching bachelors for specialty occupation , plz comment on this thanks
commented Nov 25, 2018 by vram (150 points)
Dan ,

can you comment on above question.
commented Nov 25, 2018 by dan (25,444 points)
USCIS will consider your highest degree while determining specialty occupation.

1. While filing the petition, the employer should specify your highest education and relevance to the job offered.

2. The job itself should qualify for a specialty occupation. For example, an IT helpdesk support job may not be eligible for a specialty occupation and duties can be performed without attaining a bachelors degree. A core Java developer job may qualify based on the complexity of job duties and may require a bachelors degree.
commented Nov 25, 2018 by dan (25,444 points)
Software developer soc code 15-1132 qualifies for a specialty occupation and we are getting approvals.

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