Shakeel

Dear experts and friends;

Currently I'm on H1 visa and working as Network Admin (with lower
pay). And I would like to change job to marketing or business field.
I got my undergrad in marketing and Master in CIS. I have some doubts
to ask you guys as below;

1. If I change job to marketing or business, am I qualify for H1
transfer? some people told me that transfer H1 ONLY the same job
title.

2. If yes, Can I work for NEW company after filed H1 transfer?

3. What will happen after I worked for NEW company but unfortunately
H1 trasnfer was not approved (no longer work for OLD company). So am
I out of status?

4. Should I better wait till I got H1 transfer then join NEW company?
As I know current time frame for H1 transfer is about 5 - 6 months in
Nebraska.

5. I heard that now INS is discontinue for "premium process for H1
(pay $1,000 more)" since Oct. 1st, Is this true?

I would very appreciate your advise and please kindly correct me if I
am wrong.

Regards,
Shakeel07

Sylvia Ottemoeller

"Shakeel" <> wrote in message
news:...

    > Currently I'm on H1 visa and working as Network Admin (with lower
    > pay). And I would like to change job to marketing or business field.
    > I got my undergrad in marketing and Master in CIS. I have some doubts
    > to ask you guys as below;
    > 1. If I change job to marketing or business, am I qualify for H1
    > transfer?

Maybe. It depends on the job duties, and on how the H-1B case is presented.

some people told me that transfer H1 ONLY the same job
    > title.

Those people are wrong.

    > 2. If yes, Can I work for NEW company after filed H1 transfer?

If you otherwise qualify for H portability, yes.

    > 3. What will happen after I worked for NEW company but unfortunately
    > H1 trasnfer was not approved (no longer work for OLD company). So am
    > I out of status?

Well, you would have violated your status, but probably not in a very
serious way. It depends on whether you would have overstayed the original
H-1B expiration date.

You should not be thinking in terms of having an employer file a risky H-1B
petition. You should be sure that a very good immigration attorney is
assisting with the case, and the chances of approval are very high.

    > 4. Should I better wait till I got H1 transfer then join NEW company?

It would be less risky, yes.

    > As I know current time frame for H1 transfer is about 5 - 6 months in
    > Nebraska.

The answer to that is premium processing.

    > 5. I heard that now INS is discontinue for "premium process for H1
    > (pay $1,000 more)" since Oct. 1st, Is this true?

No, premium processing has not been discontinued. It was another $1000 fee
that was discontinued, the H-1B "training" fee for a certain class of
employers.