Can H1b Visa Holder Do out of field job?
I am on H1B visa as Computer professional. Now I wanted to do job as manager in Subway Restaurant. I also have Postgraduate Diploma in Business management. So can my Employer can fill I-129 for me ?
The labor certification process has become far more difficult as of Jan 1, 2010. The employer has to prove now, beyond any doubt, that they could not find a qualified US citizen or green card holder for the job.
And they cannot demand a postgraduate business degree for a job like this so they can hire you. A subway manager will only be required to have a high school diploma and a few years of fast food experience. Your higher degree will not count.
You should stick with what you have.
No. You are bound to the employer who sponsors your visa. Subway cannot/will not be able to obtain an H-1B Visa for you. If you can’t live within the terms of your current visa you should think about returning home.
References :
well, they’d have to file a new petition for you first. however, I doubt that Subway would be willing to do that or that it would be approved, as there’s no shortage of Americans who would do that job, and I doubt it would require a university degree.
References :
The labor certification process has become far more difficult as of Jan 1, 2010. The employer has to prove now, beyond any doubt, that they could not find a qualified US citizen or green card holder for the job.
And they cannot demand a postgraduate business degree for a job like this so they can hire you. A subway manager will only be required to have a high school diploma and a few years of fast food experience. Your higher degree will not count.
You should stick with what you have.
References :
I am an H-1B holder myself.