I am foreign trained physical therapist on H1b (6th year with 140 approved)under previous employer) with MS degree in USA. I changed my employer just a week ago and 129 filed for transfer to new employer under physical therapist. Now I would like to apply for director of rehab position (which has added responsibilities to physical therapist job responsibilities). Can this effect my current H1b or future greencard process. What is the best thing to do in this case.
As you have transferred your H-1B to a new employer under physical therapist, your obtaining the position of director of a rehab position could affect your current H-1B and your employer should probably file for an H-1B amendment once you secure the position. I will assume for purposes of this question that you have not filed in I-485 application to adjust status. With reference to your future green card process, whether you can obtain I-140 approval without the need for labor certification on the basis that the position is still that of the physical therapist will likely depend upon the job description and the number of duties requiring the skill set of a physical therapist.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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