I was thinking about writing about H1B Visa transfer and changing jobs to different field with H1B Visa article for long time, but Jenna had asked a questions about applying for H1B Visa with a job in different field, than area of study. Question was asked in the comments of H1B Visa Questions and Answers - 1
Jenna Asks
Hi Raghu,
First of all, I have found a lot of good information from your blog!
Thank you a lot!Second, I have some questions for you.
I am currently a senior at 4-yr university, I am graduating next June (2009).
Since it is extremely hard to find a job that is related to my major so that it would be hard for me to use OPT with the job that is related to my major.
So I wonder it is possible that I get a job that is not related to my major by this December or early next year and then apply for H-1B in April
( I kind of got an offer from the company I did internship last year, but this company has nothing to do with my major) . However, I won’t finish school until June.Thank you a lot!!!
Jenna
Can I apply for H1B Visa?
Good to see you have found some useful information from my blog.
Its my understanding you cannot apply, reason being USCIS is getting very strict and from Jan 2009, they are going to implement new Labor verification process. But, there could be a way if you can show relationship between the job you are applying for H1B and area of study, then you can certainly apply.
H1B Visa Fraud
In last 2 weeks huge H1B Visa fraud was found, where H1B Visa was approved for some professional job ans they were working with Laundry Machines and Dry Cleaning. 51 Such Cases was found. I will post a detailed report of H1B Visa Fraud.
Changing Fields with H1B Visa
I was able to get additional information from Immigration attorney Murthy.com newsletter about changing fields with H1B Visa. This is what they had to say
Question :
I am on an H1B. I have a bachelor’s degree in computer science and a master’s degree in mechanical engineering. My current H1B job is a computer programming position. I have an opportunity to change to an engineering position. Can I do this? Does it matter that the job descriptions for my current job and my new job are different? Will I need a cap number to change to a different type of job? I thought there was a requirement that the jobs be the same or similar.
Answer :
It is NOT necessary for the new H1B job to be similar to the current H1B job in any fashion. What is necessary is for both jobs to meet the general H1B requirements for a specialty occupation. That is, the positions must require the minimum of a bachelor’s degree in a field of specialized knowledge. Of course, the foreign national beneficiary must possess the required degree or its equivalent.
Source – Murthy.com
Since Immigration Law is complicated, you will be in better position, if you can talk to an immigration attorney and get things cleared. Good Luck.
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