H1 Tranfer from Exempt to Non Exempt

[nagesha.kv]

Dear All,

I am trying to transfer my current H1 B visa which is under cap exempt to H1 B visa for non cap exempt (ie for profit organization). I have read in some discussion, there need to be new H1 B petition than transfer. Not very clear about this, please help me in this. Also, if I need new H1 B, if there is no quota available, IS THERE ANY WAY I CAN ADJUST MY H1 B STATUS AND START WORKING FOR NEW EMPLOYER. I have completed my MS here.
Your help is highly appreciated

Regards,
Nagesh

 

[s krish]

Exempt to non Exempt - Same Question

Is there anyway we can transfer if the job functionality remains same??
Meaning Noncap(Univ) to Cap(Industry)?? Is there any possible way - lateral move given the scenario that the job content is same?? Since the vicious cycle of the job offer timing and visa numbers getting over in lieu with recent filings making the applicants suffer bad with the offer and transfer..
Is there any help immigration lawyers can provide to address this specifc issue?? Are there anybody in this area who've made a transfer when the cap gets filled for that fiscal year??

 

[GotPR?]

there need to be new H1 B petition than transfer. Not very clear about this, please help me in this.

it must come under new quota. That is only difference.

Also, if I need new H1 B, if there is no quota available, IS THERE ANY WAY I CAN ADJUST MY H1 B STATUS AND START WORKING FOR NEW EMPLOYER.

This is no way if you pursue H1B this year.

 

[nagesha.kv]

Hey,

I found this information on USCIS:
http://www.uscis.gov/graphics/publicaffairs/questsans/H1BChang.htm

Follow Q2. in this link, it says :
"AC21 also specifies that an H-1B worker be counted against the cap if the worker transfers from an "exempt" employer to an employer that does not have an exemption."

Whatz ur comment?

 

[GotPR?]

What do you think it is saying ?

 

[nagesha.kv]

I am confused about this sentence. Please provide ur view.

 

[GotPR?]

I think that sentence is actually confusing.
It is saying that one who did not come under quota before should be
subject to quota when they apply for cap-subject H1.

 

[nagesha.kv]

Thanks for your response.

 

[nagesha.kv]

Hi PR,

I spoke with my attorney, he said my H1B was filed as Master's student quota for non-profit organization. How do I verify this, wheather I was filed for cap exempt employer or not? Is this H1b distinction between cap exempt and non exempt will be displayed on my I797 form?

Please answer my question.

Thanks in advance

nasu