H1b Transfer: Engineer --> Professor

[alien_1971]

I am currently an engineer in a company, and got an H1b visa from the company (vaild through Oct 2004). The title is the original H1b application is "process engineer".

(1) Is it possible to transfer the H1b visa if I take an assistant professor job? Or do I need to reapply an H1b since the job function changes? I have checked with school ISO, who said it is ok to transfer H1b, but I still want double check since sometimes ISO does make some mistakes.

(2) Since the faculty position won't start until fall semester, must I resign the day before new job starts? Or, I am allowed to have a little gap once the H1b transfer is filed?

(3) What happens if I am laid off from the company before the new job starts (but after filing the H1b transfering)? Do I have aproblem with my status?

Thanks a lot!

 

[jaxen]

1. If qualifications requirement for both jobs are similar and LCAs similar there is no risk. Yes it is possible. The filing under h1 transfer (instead of new H1) is all about yearly quota, not about your skill set.

2. You can go on a vacation if you want to. You can join the new employer until upto 60 days after the new H approval. For the future it is better not to have a gap.

3. No you can join the new employer as soon as the transfer is filed

 

[alien_1971]

Thank you very much.

Regarding to the (3): If I get laid off after filing the H1b transfer(our company is very unstable right now), I won't be able to start the faculty job early (because they cann't put me on payroll until fall semester starts). Will I have some trouble in that case.

It is highly apprecited if you have some idea.

Regards,