Change Job Before I-140 approval: Can I use AC21

[honkman]

That seems pretty unfair since if you started in industry and switched jobs in industry you are cap exempt.

I think they simply want to avoid that people get easily a H-1B in academia (without a cap) and then switch immediately to industry. That would be an easy way around the H-1B cap. And if you start in industry than you were already once under the cap so it is fair not to be under the cap if you move within the industry. I would say this rule is pretty fair overall

 

[irisyue]

I applied my H1B two years ago, when there were sufficient quota for everybody.

Iris

I think they simply want to avoid that people get easily a H-1B in academia (without a cap) and then switch immediately to industry. That would be an easy way around the H-1B cap. And if you start in industry than you were already once under the cap so it is fair not to be under the cap if you move within the industry. I would say this rule is pretty fair overall

 

[honkman]

I applied my H1B two years ago, when there were sufficient quota for everybody.

Iris

But at that time you applied for an H1B in academia and now you are applying for in industry. And now there is a cap of 65000 per year and it doesn't matter if the cap in 2003 was 195000. Just apply now and start in october. I work also in pharma and I know most big pharma company pretty well and not a single one makes normally problems if they have to wait for a few month before you can come. They know such H1B situations. And it shouldn't normally a problem to convince your university to keep you officially on the pay roll (even without paying you) so that you don't go out of status till october. Or take some vacation till october. The difficult part in pharma in the moment with that crappy job market is to get a job (and you were already successful) to get a H1B is just a little waiting

 

[irisyue]

Thanks

I understand what you mean. Actually right now I count on either H1 transfer works or I can use the 20000 new quota.

My officemate's wife did her Ph.D. in Texas and then got a post-doc job in UC Santa Babara a couple of years ago (on H1). She just found a job in a Palo Alto based company a few month ago and was able to transfer her H1.

Really appreciate you for your idea

Iris

But at that time you applied for an H1B in academia and now you are applying for in industry. And now there is a cap of 65000 per year and it doesn't matter if the cap in 2003 was 195000. Just apply now and start in october. I work also in pharma and I know most big pharma company pretty well and not a single one makes normally problems if they have to wait for a few month before you can come. They know such H1B situations. And it shouldn't normally a problem to convince your university to keep you officially on the pay roll (even without paying you) so that you don't go out of status till october. Or take some vacation till october. The difficult part in pharma in the moment with that crappy job market is to get a job (and you were already successful) to get a H1B is just a little waiting

 

[honkman]

I understand what you mean. Actually right now I count on either H1 transfer works or I can use the 20000 new quota.

My officemate's wife did her Ph.D. in Texas and then got a post-doc job in UC Santa Babara a couple of years ago (on H1). She just found a job in a Palo Alto based company a few month ago and was able to transfer her H1.

Really appreciate you for your idea

Iris

Are you sure she was hired as a full time scientists ? I know that some companies, if they have problems with the H-1B transfer, hire the scientists first as "industrial postdocs" and argue successfully with USCIS that this postdoc don't count under the cap.

 

[irisyue]

Thank You

Hi, Honkman,

My case (140+485) has been approved. Thank you very much for your information.

Iris

Are you sure she was hired as a full time scientists ? I know that some companies, if they have problems with the H-1B transfer, hire the scientists first as "industrial postdocs" and argue successfully with USCIS that this postdoc don't count under the cap.

 

[msskanth]

Same problem -- H1B transfer from University to Industry

Hello All,

I am now a professor in a university. My job is ending on May 27th. I got a H1B approved for this job (applied by the univ) in March.

I now want to work for companies (I have a couple inline). One of the companies said they will apply for H1B from the 20,000 quota that is going to be released soon. (I know we have to apply this way since my current H1B is exempt from cap.)

My question is -- if I can't get H1B transfer from that quota, and if the company applies for transfer after April 1, 2005, will I be considered to be IN STATUS until October 1 2005 (when I can start working)? Or do I have to leave U.S. and come back etc...

Can some one please answer me. Thanks.

 

[honkman]

Hello All,

I am now a professor in a university. My job is ending on May 27th. I got a H1B approved for this job (applied by the univ) in March.

I now want to work for companies (I have a couple inline). One of the companies said they will apply for H1B from the 20,000 quota that is going to be released soon. (I know we have to apply this way since my current H1B is exempt from cap.)

My question is -- if I can't get H1B transfer from that quota, and if the company applies for transfer after April 1, 2005, will I be considered to be IN STATUS until October 1 2005 (when I can start working)? Or do I have to leave U.S. and come back etc...

Can some one please answer me. Thanks.

If your current job end May 27th and you can't convince the university to keep you officially on the payroll then you will be not in status after this date based on your H-1B. (If your are married and your wife has also H1B you might switch for that time to H4)

 

[honkman]

If your current job ends May 27th and you can't convince the university to keep you officially on the payroll then you will be not in status after this date based on your H-1B. (If your are married and your wife has also H1B you might switch for that time to H4)

 

[frank77]

You may try to apply for a O1 visa, instead of waiting for H1B quota

Hello All,

I am now a professor in a university. My job is ending on May 27th. I got a H1B approved for this job (applied by the univ) in March.

I now want to work for companies (I have a couple inline). One of the companies said they will apply for H1B from the 20,000 quota that is going to be released soon. (I know we have to apply this way since my current H1B is exempt from cap.)

My question is -- if I can't get H1B transfer from that quota, and if the company applies for transfer after April 1, 2005, will I be considered to be IN STATUS until October 1 2005 (when I can start working)? Or do I have to leave U.S. and come back etc...

Can some one please answer me. Thanks.

You may try to apply for a O1 visa, instead of waiting for H1B quota

 

[honkman]

You may try to apply for a O1 visa, instead of waiting for H1B quota

That is a possibility but I doubt that it will be approved till May

 

[msskanth]

Re: Same problem -- H1B transfer from University to Industry

Hi honkman and frank77,

Thanks very much for your replies. Truly appreciate it.

1. I dont think I am outstanding, so O1 visa is probably not an option

2. My question was -- if another company applies for H1B in April for me, and if they get the LIN number etc (i.e. the receipt acknowledging the application), am I considered to be in status after the present job ends (May 27th).

3. We are trying to shoot to get change of status from the 20,000 quota to be released soon. If not, my idea is to at least apply in time for the 65000 quota to be release subsequently (in October(?) ).

I know I can't work until I get the confirmation of status change, but wondering if I could at least be in status and would not have to leave the country.

Thanks !
msskanth

 

[honkman]

Hi honkman and frank77,

Thanks very much for your replies. Truly appreciate it.

1. I dont think I am outstanding, so O1 visa is probably not an option

2. My question was -- if another company applies for H1B in April for me, and if they get the LIN number etc (i.e. the receipt acknowledging the application), am I considered to be in status after the present job ends (May 27th).

3. We are trying to shoot to get change of status from the 20,000 quota to be released soon. If not, my idea is to at least apply in time for the 65000 quota to be release subsequently (in October(?) ).

I know I can't work until I get the confirmation of status change, but wondering if I could at least be in status and would not have to leave the country.

Thanks !
msskanth

I am not 100% sure but I think you wouldn't be in status as long as you don't have the new H-1B in hands. Just having the receipt of acknowlediging the appilcation doesn't help. But better ask the lawyer for that case.

 

[frank77]

there is a premium option

That is a possibility but I doubt that it will be approved till May

FYI, there is a premium option for O1 in CIS. Cost extra $1K, but warrant decision in two-weeks.

Msskanth, I think you can use this option, if H1B quota does not fit your schedule in the end.

 

[msskanth]

Re: Same problem -- H1B transfer from University to Industry

Thank you very, very much honkman and frank77. Cant tell you how much I appreciate your speedy, and concerned help.

God bless you both. I will update on my disaster soon

sincerely,
msskanth

 

[irisyue]

If your company is an international company, you might be able to be hired on the international payroll.

Also, if you have submitted I-485, you might consider getting an EAD to work. This was my safety-belt plan, in case nothing would work out. The bottom line is, I think, you can work before October 1 as long as you want.

Iris

Thank you very, very much honkman and frank77. Cant tell you how much I appreciate your speedy, and concerned help.

God bless you both. I will update on my disaster soon

sincerely,
msskanth

 

[msskanth]

Thanks irisueye.

But isnt I-485 related to Green Card applications? I have been on H1B (with my university) for barely a month..

Could you please clarify.. Thanks.