My h1b is under approval and I’m thinking of switching team before 10/1. If my title remains the same, but my job duty changes. Do I need to waiting until 10/1 to file LCA again? Or I can simply switch since I work for the same company with the same title?
1. The “Before 10/1” Factor
If your H-1B is still under approval and you haven’t started H-1B status yet (meaning your change of status kicks in on October 1), you’re still working under your current status (e.g., F-1 OPT/CPT, STEM OPT, etc.).
-
Until 10/1, you’re not technically working in H-1B status, so the LCA/H-1B compliance rules only apply once that status starts.
-
That means if you change teams before 10/1, USCIS won’t see it as an H-1B job change because your H-1B hasn’t taken effect yet. It’s still just an internal transfer under your current status.
2. Once H-1B Status Begins (Post 10/1)
After October 1, H-1B conditions kick in. If you:
-
Keep the same employer, same job title, and same work location(s) as in your approved H-1B petition → usually no new LCA/amendment is needed.
-
Change in job duties:
-
Minor or related changes (e.g., same role but different project) → typically fine, no amendment.
-
Significant shift in duties that changes the job’s occupational classification (SOC code) → this could trigger the need for a new LCA and possibly an H-1B amendment.
-
3. Why Title Isn’t the Only Thing That Matters
USCIS looks at the “specialty occupation” definition in the petition. Even if your title is the same, if your core responsibilities change so much that you’re essentially doing a different type of job (e.g., Data Analyst → Software Developer), that can be considered a material change.
4. Safe Approach
-
If switching before 10/1, you likely don’t need to file anything now — but your employer should confirm that your H-1B petition’s description will still be accurate come October 1.
-
If switching after 10/1, and the duties are meaningfully different from what was filed, safest is to file a new LCA + H-1B amendment to stay compliant.