I-94 & status Q

H

H1Bdude

Registered Users (C)
Hi folks..

Right now I am on my O P T. I am employed with a univeristy full time and I already have a H1B which starts on April 1st. I would like to go to Canada/Mexico and get my H1B stamping done in March as I wont be able to get vacation right now. I would like to change my employer as a consulting firm wants to hire me in May or some time but would like to apply for H1B right now as the cap is low. Would my H1B become invalid / will I be out of status if I have one I-94 at the time of this new H1B application and another I-94 by the time I recieve my new H1B in may.

Also, Can I apply for a transfer of H1B even though I am with a university and just make sure that its counted under cap.
If yes, Would I still be able to hold my University H1b in case if things change in May and the consulting firm dumps me.(which is unlikely)

(or)

Do I have to go through a new H1B process again because this H1B is for a University and not under cap?

Thanks!
 
Yes the H1 transfer from an cap exempt institution to non exempt will be counted against the cap.
It will be cleaner to get the H1 transfer after getting the visa stamp. However you can file for H1 transfer and go get the visa stamp based on old employer. After the H1 transfer is approved and before joining the new employer you can go to the nearest Port of Entry and get a new I94 or file I102 at the nearest District Office and correct the I94 to reflect new expiry dae and company name..
 
Thanks for your reply...

Can I file for my H1B transfer right now and have it started in MAY?

If after May 1st My employer cant hire me but wants to hire on Jul 1st whats going to happen. Will my H1B with the University gets invalid because this is a transfer and not a new H1B out of a new application?

Thanks.
 
You must log in or register to reply here.
Top