H1B Cap & Academia-to-Industry Transfer

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doitrite

Registered Users (C)
Hi All,

Nice web site--This is my first post, so please keep that in mind if I ever make any stupid mistake or comment.

I'm a research scientist (aka senior postdoc) at a university with H1B, and I'm considering a job at a major US pharmaceutical company. Today, I heard H1B quota reached the cap. My questions are:

1) I know academia-to-industry transfers are affected by the cap. If, then, my new employer petitions a new H1B after April, will it be approved after October?

2) If the above is true, would I still be able to work between April and October?

3) If I can, what would be my visa status?

4) If I can't, are there any other visas that allow me to work for the new employer? Is O an option in industry? Or, could I make a case with EB1 OR even though I transfer from academics to industry?

Thanks in advance for your attention and info!

:confused: in beantown
 
1. It may be approved before october 2005, but will have a start date of oct 1, 2005
2. If your current H1b is valid till Oct 2005, i.e. you can join pharma only on Oct 1, 2005
3. O visa is an option. EB1 takes 6 more months out of the equation.
 
Originally posted by jaxen
1. It may be approved before october 2005, but will have a start date of oct 1, 2005
2. If your current H1b is valid till Oct 2005, i.e. you can join pharma only on Oct 1, 2005
3. O visa is an option. EB1 takes 6 more months out of the equation.
Click to expand...

In my post, I meant 2004, not 2005. Did you mean 2004 as well? 2005 doesn't make much sense to me.:confused:

Aside that, it sounds like that my transfer would be considered as a "first-time employment," and I would have to wait probably until Oct 2004. I doubt the job will be there by then.

More questions:

1) Is O visa casually issued to an industry scientist? If so, what is the typical chances?

2) If my prospective employer petitions EB1 OR for me and make a concurrent filing for EAD, it looks to me I should be able to work in 90 days. Am I misconceived?

I'd appreciate any inputs/thoughts. Thx.
 
Sorry Oct 2004, I meant Financial year 2005
1. Dunno, post in O visa forum, read up O visa requirements by visiting USCIS website.
2. Yes you have that chance theoritically. 90 days from the receipt date of I485/EAD.
 
Originally posted by jaxen
2. Yes you have that chance theoritically. 90 days from the receipt date of I485/EAD.
Click to expand...

jaxen,
I appreciate your comments. Could you elaborate a little more on the "theoretically" part? I'm getting an impression that in practice it takes much longer or impossible.
 
Hi,

My wife's H1 has been filed on 18th Feb. The lawyer is saying that the CAP was reached on 17th Feb but still there's a chance that she'll get the Visa.

The lawyer is telling that the papers have been received by USCIS. But she's not sure what's gonna happen.

Any idea?
 
pgarg,

I'm sorry to hear that, but my honest opinion is that your wife lawyer may be overselling. USCIS new release cleary stated that the deadline was Feb 17. It is well likey to be approved on or after Oct 1, 2004 unless something unexpected happens.
 
Yeah,

That's what I also believe. However, we'll wait on it for another week or so (as suggested by the lawyer).

I'll post another message once we get some news.
 
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