Exempt to Non-Exempt H1 transfer

L

lavpathak

New Member
Hi
Currently I am on H1 B working for university as a programmer analyst. I have master's degree from US university. Now, I want to transfer my H1 B to another private organization. What are my best options?
I have heard about the issues of transferring H1 from exempt to non-exempt employer.
Is there a way to confirm that I am on exempt H1 by looking at I-129 or my H1 receipt?
I assume that I am on exempt H1 B which means I have to apply for new H1 for new employer in next april. That pisses me off because nowhere it was mentioned about H1 being an exempt and all.:mad:
My question is what will happen between my application date and H1 starting date which is 1st october? Do I need to leave the country? can I start working for new employer while my H1 application is pending?
Also I know that USCIS accept applications based on quota, so if cap is 20,000 USCIS will accept only 20,000 applications. But what if somebody's application was rejected, will it allow one more application to accept by USCIS? If that's the case can I apply for that empty place right now?

Need your help/advise.

Thanks in advance.

Lav
 
I was in same situation in 2004. I had an exempt H1-B (with a university) and then moved on to non-exempt. What my lawyers did was they filed for concurrent H1-B, so for 6 months I was working for both the University (quarter time) and the non-exempt company (full time). So I would advice you to talk to your lawyers about concurrent H1-B petition and to your university if they will let you keep your job until next six months or something like that.

Thanks.
 
Thanks Shashi.
I appreciate your answer. Is that a specific time period for which I have to be on Concurrent H1? And what is the requirement to be on H1 with my current employer in this situation? Do I need to get paid through them also or I just need to be on their payroll?

please help me out here. Thanks again.
 
You cannot start work at the new employer until the new H1B is approved b/c your are unable to do a H1B transfer as your current H1b is cap exempt while your new H1B will not be cap exempt.
You must continue to work at the old employer to maintain being in legal status until Oct 1 at which point the new H1B will become active.
If you are applying now for the new H1B, then you are out of luck until Oct 2008 start date as all the H1B slots for non-cap exempt are gone until Apr 2008.
 
Well im a physical therapist and i need to visit usa on J 1 , My employer said he will not mention any thing on the the invitation about my non practise or next visit to usa , so he said ill have no probs in case i want to practise in th eusa .. well i still have to do that J1 waiver stuff? i need to convert my J1 to H1b later in th eyear well will i have any probs?
 
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