H1B amendment while approval is still pending
My H1B is picked in the lottery but no update on the approval yet.. it was filed with title as software Test Engineer in April and now I got promoted to Software Engineer since september. I got RFE( speciality occupation) which lawyer responded..its been more than 60 days..no update yet. What do you guys suggest whether should I ask lawyer to make update to H1b application or Wait till the approval and then make amendment?
Im still in 1st year OPT which expires in feb 2019...so no Cap Gap
Do as your lawyer says. Although some job codes and role names are more susceptible to RFEs and longer processing time, I don't think you can create a pattern out of it. Many of the slam dunk engineering (non software) petitions have been RFE'd for silly reasons. So you cannot say just changing from software test engineer to software engineer would make ur case any stronger.
Your question is not well written. Did you get RFE? How can you be just waiting post approval without RFE? If you got RFE and no response yet, you cannot work post September 30th. Ask your company to file for an expedited response request and get ready for some unpaid time off! Try not to edit anything while on RFE
A lot of people this year are still waiting to hear about the h1b cap petition result. Anyways, OP, i think its best you discuss this with your lawyer. Do whatever they say is better. Good luck !