A H1B visa holder under developer category in Company A switches to Company B through H1B transfer. But his role is a Project Manager in the new company but the transfer has been issued/filed as a developer. Is it legal to work like that?
I am not an expert on this but I believe you should get H1B amended with new job description and role.There should not be any problem in doing so. But as a project manager, you would need to file new LCA and that will suppose to have higher salary. Not sure if employer would be ready to do that.
One should be performing the duties listed in H1B petition.
Thanks for the feedback. But i thought, Project Managers have a different requirement against developer (even under H1B they have different visa classification). Shouldnt the candidate amend his H1B as a PM before transfering to the new role or the new employer should be doing it before transfering it or employer need to apply a new visa if the role itself conflicts with the H1B petition. Basically, the employer is trying to petition for a worker because he is unable to find a suitable match for the role/pay he is offering. That defeats the purpose if you hire a person under a different requirement with the same petition because Project Managers are more easy to find without sponsorship than a developer.
Thanks in advance …
If I am not mistaken, same petition can be amended to have new role and responsibilities. But there is a risk of rejection if there is not enough justification of amendments.
It will need to be justified why you are chosen for this project as project manager. I believe there can be prerequisite knowledge which can be listed in the application as a justification for hiring.
If project is complex, project manager may need to have domain and technical knowledge even for managing the project. For example if project is related to medical device development, then manager should be well versed with medical device related ACTs and process. It is not easier to find such managers. Without this knowledge, project may run into risk. This is just an example. There can be various reason for the position hiring. Detailed JOB description should justify the hiring.