H1B extension eligibility with role change after i140 approval

USA H1B
1

Hi Anil,

In month April , i was transferred to India as my Perm was in-progress and H1B max out date was close.
My Perm was filed in EB3 category(Developer role). Currently at offshore my designation is Technical Architect.
Now my I-140 has been approved and i am preparing for H1B extension.
I am confused if i should raise my H1b extension as Technical Consultant (Dev role) or as Technical Architect(may have managerial role). My client has opportunities for both the roles .

If i choose to go with Architect role:
Am i eligible for extension for Architect role?
will it impact my chances of getting H1B extension since the roles are different from I-140 and my previous approvals?
Do i need to start my GC process from beginning since my job roles changed?
Or
I am just eligible to apply as Technical consultant?

Thank you !!

2

Hi @rajeshroyces

You can file H1B amendment + extension if your role has changed.

You will need to file a new PERM and i140 too if you want to use the new role in future for filing green card.
Since, you are from India, the green card filing date is probably multiple decades away. So, you can still keep doing the h1B extension with current i140.

3

What should be the order?

H1B amendment + extension and then PERM + I140 or the other way round?

thank you

4

Offcourse, first the amendment and then PERM + i140.

5

Hi Rajesh,

Could you please help to mention what approach you took in your case. Looks like the similar situation I’m currently in.

You had your PERM and I-140 as Developer and wanted to file H-1B extension+amendment for Technical Architect. Please help to let me know what worked for you ? Did you keep your I-140 as Developer and got amendment for TA and then further extension?