H1 Transfer - From CAP Exepmt (University) to CAP Subject (Company)

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doc_007us

Registered Users (C)
SUBJECT: CAN I get an H1B Transfer in Month of December 2008?


Dear Advisor:

I am currently working on an H1B in a University.
I have a job offer which now needs transfer of my H1B to a very large Company. Preferably in December 2008.

Last year in October, I have witnessed 2 successful cases, where H1B in Academia (Non-profit – Cap Exempt) was transferred to Industry (Profit – Cap Subject). These 2 people Never were counted towards to the H1-B Cap Quota in their lifetime. Unfortunately, I have never seen their petitions.


My question is:


1). Can my already approved H1B visa be transferred to the Cap-subject industry employer before Next year January??


2) What is the best way to Not to jeopardize the chance of this job. It seems that the Company HR does not know the best way to tackle this. They Probably do not know the issue of transfer from CAP-Exempt to CAP-Subject.

P.S. - (The company has kept the job open for me till next year. So luckily there is no deadline). However, I would like to start soon.


CAN SOMEONE………. PLEASE …….. PLEASE …. Throw some light on this Issue.???


I DO NOT know the answer to this and I will much appreciate any Input anyone can give.


Thanking you, Awaiting your reply.

Kind Regards.
 
I see you kept saying that you saw cases that transfer from cap exempt to cap subject.
There is no way that cap exempt is tranfered to cap subject unless there are mistakes in the petition.

BTW, here is the FAQ from Mr. Khanna. He is a reputable lawyer.


http://www.immigration.com/faq/h1bquota.html#47

Q5 Currently I am working for University of Chicago on H1B visa on a cap exempt. Now that the H1 cap for this year has reached on Oct 4 2004 does it mean I can no longer transfer my visa or can I still file a transfer which I heard is enough to start working with new employer? Or do I have to apply in next years quota and wait till next Oct 2005 to start the new job with non-exempt employer?

A5 If you are trying to move to a non-exempt employer, what you have said is correct. You can no longer file for transfer till April 2004 and join till October 2005.
 
I recently learned from an immigration specialist who has been at one of the latest immigration conference that many cap-subject industries have successfully filed for concurrent H1B along with a university (cap-exempt) H1 B, after the H1B Cap has been exhausted. The transfer of H1B visas have also been very successful.

From what I have learned in past week, I gather that there are more than one way to successfully and legitimately get a H1B transfer done.

Unfortunately, I cannot hire this professional to represent my case, as he/she is not an independent attorney.

I would love to have someone as reputable as Mr. Khanna represent my case.

I have learned that if the company who is offering a job is doing some national interest work, then it can be done. If the job profile of old job and new job are similar, then this can be done legitimately.

There were no intended mistakes in petition.

I am just looking for someone who can do this.
 
By law, only a certain number of H1B visa can be issued to non-exempt organizations. No lawyer can change that, no matter how specialized, experienced or expensive. The H1B quota is exhausted. You cannot transfer or obtain authorization to work based on an H1B visa at this time. You can apply for a different visa category (O for example).
 
doc_007us said:
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I have learned that if the company who is offering a job is doing some national interest work, then it can be done. If the job profile of old job and new job are similar, then this can be done legitimately.

There were no intended mistakes in petition.

I am just looking for someone who can do this.
Click to expand...
Job similarity has nothing to do with H1 transfer. I guess you are misunderstanding what the "H1 transfer" really is.
Sorry but I can see you are wrong on such a basic point, therefore, it'd be hard to believe what you mentioned.

No quota, no cap subject H1.


You want a suggestion ?
Talk to Mr. Khanna.
 
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