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Thread: Job Change within same company

  1. #1

    Post Job Change within same company

    Gurus - Thanks for the awesome job you are doing. Appreciate all analysis surrounding GC's and other aspects pertaining to GC especially for I/C folks. Please help me with my situation.

    My situation is as following:
    1. I'm working with Company A (A Product Based company) for past 6 years.
    2. H1-B with 3 year extension received on Feb 2013 and valid till Feb-2016
    3. I-140 Approved more that 180 days ago.
    4. PD is March-2011. (India)
    5. I140 is for a Software Engineer Position ( per the SEC code)
    6. Applying for a new job inside the same company A, with another division as a : Product Manager
    7. My question are three fold:


    • H1B amendment should not be a problem, when I switch jobs within the same company. Can the gurus please confirm?
    • My GC process needs to be restarted from scratch. Can the gurus confirm?
    • Can i retain the PD from my earlier filing while reapplying for GC, considering that job functions has changed dramatically. Please share your thoughts.
    Last edited by gop999; 08-30-2013 at 07:53 AM.

  2. #2
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    Quote Originally Posted by gop999 View Post
    Gurus - Thanks for the awesome job you are doing. Appreciate all analysis surrounding GC's and other aspects pertaining to GC especially for I/C folks. Please help me with my situation.

    My situation is as following:
    1. I'm working with Company A (A Product Based company) for past 6 years.
    2. H1-B with 3 year extension received on Feb 2013 and valid till Feb-2016
    3. I-140 Approved more that 180 days ago.
    4. PD is March-2011. (India)
    5. I140 is for a Software Engineer Position ( per the SEC code)
    6. Applying for a new job inside the same company A, with another division as a : Product Manager
    7. My question are three fold:


    • H1B amendment should not be a problem, when I switch jobs within the same company. Can the gurus please confirm? As long as the new job qualifies for H1B (and the I-140 has not been withdrawn), I see no problem at all.
    • My GC process needs to be restarted from scratch. Can the gurus confirm? Yes, you will need a new PERM and I-140 if you would not return to the old job.
    • Can i retain the PD from my earlier filing while reapplying for GC, considering that job functions has changed dramatically. Please share your thoughts. For PD retention, there is no requirement for the jobs to have any similarity, or for the I-140 to have been approved for a certain time. That only applies to AC21 I-140 portability, where the job needs to be similar and the I-485 needing to have been pending at least 180 days. In fact, for PD retention, USCIS illustrates it with a Janitor retaining his PD when he applies later as a Rocket Scientist!
    Without an irritant, there can be no pearl.

  3. #3
    Thanks Spec..! appreciate your response.

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