Re: h1b visa transfer question
Kevin Keane (see Web site for email)
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laura wrote:
> hi,
>
> i'm hoping that someone can help me! let me explain my situation as i
> have a few questions:-
>
> i started working on h1b visa for company A in sept 04. my title of my
> position was specified on my visa as "accounts analyst". i then decided
> to leave that positon in june 05 and i moved within the same company to
> a quite different position. it was not related to my previous position
> (but i was still qualifed for it). i still have this job and its title
> is "production coordinator". i now want to move to company B and take
> up a new position as "executive assistant". i have uk bachelors and us
> master's degrees. i know i would need to transfer my current h1b visa
> before i could begin working at company B.
>
> my questions are:-
> 1) should i tell the uscis (formally ins)- or admit on my resume and
> transfer documents that my current position is DIFFERENT to the
> position i primarily held when i first applied for my h1b? would it be
> deceptive or illegal to not tell them this?
NEVER lie to USCIS. You should discuss this question with a competent
immigration attorney. Failure to work in the job that the H-1B was for, and
also working in a job that you don't have a valid petition for, are both
violations of your H-1B status. I think it can probably be rectified, and
because it has been less than 180 days, there may not be too serious
consequences. Still, be sure to ask an experienced immigration attorney.
That said, I'm not sure what you mean by 'executive assistant" If you are
talking about essentially the secretary to a CEO or the like, I would be
very surprised if you would be able to get an H-1B for it. This type of
position rarely requires a college degree in the eyes of USCIS.
> 2) i had planned on travelling back home for vacation at christmas. can
> i travel before i have receipt of the visa transfer? or would it be up
> to the official at the airport to let me back into the US?
Right now, I would not recommend that you leave the USA, not with you having
worked in the wrong job.
- --
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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