mbhutani2005

Hi:

My H1 was processed as a programmer/analyst. I did some programming as
well as networking assignments on that H1(with the same employer). I
have another job offer from a different employer (same city), but its
an all-n-out networking position.

Can my new employer do a h1 visa transfer right away, or would he need
to file for a new h1 visa with change in any category (quota
dependent?)

Though both jobs are part of IT, I am not sure if such a transfer can
be easily done or not.

thanks
-meetu

Sam

hi meetu,

i have a similar case as yours. my h1 was processed as programmar
analyst but after my project got completed, i started working as an IT
recruiter. now i am getting a job offer from another firm to work as an
IT Recruiter.

Can my new firm process my H1 as IT Recruiter? can they do a h1
transfer?
does H1 rules - require that a minimum salary be offered to an
individual? can i get a h1 from an employer if they pay me $25k +
commission a year?

Sam

Kevin Keane

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If you already are in the USA on H-1B, it is always a transfer - it doesn't
matter if the jobs are similar or not (as long as you are qualified for
both, of course).

The quota is linked to the person, not to the job.

[email protected] wrote:

    > Hi:
    >
    > My H1 was processed as a programmer/analyst. I did some programming as
    > well as networking assignments on that H1(with the same employer). I
    > have another job offer from a different employer (same city), but its
    > an all-n-out networking position.
    >
    > Can my new employer do a h1 visa transfer right away, or would he need
    > to file for a new h1 visa with change in any category (quota
    > dependent?)
    >
    > Though both jobs are part of IT, I am not sure if such a transfer can
    > be easily done or not.
    >
    > thanks
    > -meetu

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sam

Then how would the USCIS review/transfer the H1. My first H1 was of
Prog Analyst, but job was a mix of - Programming (first 6 months), and
of IT Recruiter (next 2 years).

My resume, extensively talks about my IT Recruiting skills, and hence
my next employer would want to hire me as an IT Recruiter (Not as a
Programmar)

My next H1 may be filed as an IT Recruiter - my resume showing that I
worked 2+ years as an IT Recruiter, where as when my H1 was processed,
I was "supposed" to be working only as a programmar.

Wouldn't this become a reason for decline of my next H1 Visa?

SAM

This is my situation. I am in SF.

I got my H1 processed as a Programmer Analyst. 2 year back it was next
to impossible to get H1 processed in anything, other than Prog. Anal.
(Thats what my employer told me)

But, the Job profile I had was not of a programmar analyst though. I
was working as an IT

mbhutani2005

Kevin: I agree with your post - that it would always be a transfer -
but will the transfer be approved?
I will explain my situation accurately.

My H1 is processed as a programmar/analyst - and the skills required
for this job were - ASP.NET, Oracle ..etc. (Totally Software
Programming)

While on Job - I worked on networking assignments (Skills Required:
LAN/WAN, Router, Switches, Helpdesk) - don't ask ..why .. but had to do
it :(

Now - I am getting a job offer with a new employer as a Network
Engineer (Skills Required: LAN/WAN, Router, Switches, Helpdesk) ... I
am glad i did LAN/WAN :)

Can I get my H1 transferred? If yes then won't the INS compare the
skills required/demonstrated of my old H1 to my new H1 petition .. and
raise objection?

Pls lemme know what are the options that I have.
My h1 is 2 year old.

thanks much,
Mitu

Kevin Keane

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U-Oh. When the H-1B is approved for one job, you have to work in that job.
By working as a recruiter - a completely different field - you may have
violated your status. I would recommend that you consult with an
immigration attorney immediately.

Even without that problem, getting an H-1B as an IT recruiter might be
tricky because USCIS may well take the position that the job is not
"specialized skills" and does not require a college degree. At best, your
IT degree is merely helpful for the job, and that's not enough to justify
an H-1B.

Sam wrote:

    > Then how would the USCIS review/transfer the H1. My first H1 was of
    > Prog Analyst, but job was a mix of - Programming (first 6 months), and
    > of IT Recruiter (next 2 years).
    >
    > My resume, extensively talks about my IT Recruiting skills, and hence
    > my next employer would want to hire me as an IT Recruiter (Not as a
    > Programmar)
    >
    > My next H1 may be filed as an IT Recruiter - my resume showing that I
    > worked 2+ years as an IT Recruiter, where as when my H1 was processed,
    > I was "supposed" to be working only as a programmar.
    >
    > Wouldn't this become a reason for decline of my next H1 Visa?
    >
    > SAM
    >
    > This is my situation. I am in SF.
    >
    > I got my H1 processed as a Programmer Analyst. 2 year back it was next
    > to impossible to get H1 processed in anything, other than Prog. Anal.
    > (Thats what my employer told me)
    >
    > But, the Job profile I had was not of a programmar analyst though. I
    > was working as an IT

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane

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I think that going from software development to networking is not a big
deal. I wouldn't expect a problem. In particular, as long as you have the
required qualifications, USCIS isn't supposed to second-guess your employer
in the first place. Both jobs would probably qualify for an H-1B, so no
problem.

[email protected] wrote:

    > Kevin: I agree with your post - that it would always be a transfer -
    > but will the transfer be approved?
    > I will explain my situation accurately.
    >
    > My H1 is processed as a programmar/analyst - and the skills required
    > for this job were - ASP.NET, Oracle ..etc. (Totally Software
    > Programming)
    >
    > While on Job - I worked on networking assignments (Skills Required:
    > LAN/WAN, Router, Switches, Helpdesk) - don't ask ..why .. but had to do
    > it :(
    >
    > Now - I am getting a job offer with a new employer as a Network
    > Engineer (Skills Required: LAN/WAN, Router, Switches, Helpdesk) ... I
    > am glad i did LAN/WAN :)
    >
    > Can I get my H1 transferred? If yes then won't the INS compare the
    > skills required/demonstrated of my old H1 to my new H1 petition .. and
    > raise objection?
    >
    > Pls lemme know what are the options that I have.
    > My h1 is 2 year old.
    >
    > thanks much,
    > Mitu

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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