H1B Transfer Issue ....... Again

B

blue_tooth

Registered Users (C)
Hello,

I have an H1B visa from a University (quota-exempt) and I also applied for an H1 (quota-subject) thru a consultant, which was approved. Now, I have gotten an offer from another university (quota-exempt again). I really like the job profile. Now, can the quota-subject visa be transfered to this new university or will the efforts of getting this cap-subject visa just be useless? can this visa be transfered to some other for-profit company a year or so later since I have already been subjected to to quota?

In other words, do I have to take this cap-subject visa and use it right now (i.e., join the consultant) or is mere approval of this visa good enough for me to switch between university and industry any time?

thanks a lot
 
First-of-all, when an employer (be it exempt or non-exempt) applies for a H-1B, they are not transferring your H-1B. Every employer files a H-1B for the employee. If the employer is cap-subjected, then comes the check to see if the employee also need to be subjected to the quota. This is determined by checking if the employee has been counted against the H-1B during past 6 years, in which case, the employee also becomes cap-subject.

In your case, you should currently be working for the employer, who has the H-1B that was most recently approved by USCIS (provided all your H-1Bs were change of status related) or your latest I-94. This would establish that you are in valid status. After that, whether you would like to apply for a university or any other employer, that would not be a issue.
 
Thank you, John. I have another question, which is like an extension of the previous one. I was wondering if I HAVE TO work with this new employer (the consultant, who applied for cap-subject H1B for me), or mere fact that my petition was approved against the quota suffices for me to switch from my current university (cap-exempt H1B) to some other employer (not the consultant who filed H1 for me), thereby obviating the need to interact with the consultant?

Given a choice, I would prefer not to work with this consultant and find a job with some other employer. I was wondering if it will be possible to do so, as I would really like to find a job on my own and not be dependent on a middleman. I could not do work in the industry (cap-subject entities) in the past as my university visa was cap-exempt. However, now that I have been counted against the quota and approved, I would like to work in the industry and not in the university setting.

I really appreciate any response and help.

thanks
 
Once again, the last action taken by USCIS, if it was after your most recent entry to the US governs your non-immigrant status. The last action must not be just a petition approval, but petition approval + change/extension of status.

If the last action for you states that you are approved for a H-1B with an Employer E1, you should be working for E1. You would otherwise be violating your non-immigrant status.
 
Yes, the latest action is the petition approval+change of status, however, this petition was filed by E2. My current employer is E1 (cap-exempt) and the H1B sponsored by him is valid up to 2010. I am assuming that I will have to work for E2, before starting to work with some other employer E3, since such action requires petition approval and 2 paystubs from E2. Is it possible to show this petition approval+2 paystubs from E1 (University) and work with E3 (cap-subject employer)? I am assuming that is is not possible, but wonder if there are provisions in immigrations laws that I am unaware of.

thanks

PS: I apologize if I am asking same question over and over again and sounding stupid, but unfortunately, I don't seem have gotten the picture clear yet.
 
You can try for that option and hope that USCIS accepts the petition and approves it. I personally know of a few cases, who were successful in accomplish similar such objectives. Please note, however, each case is completely different from other. Similarities might exist, but differences coexist too.
 
You must log in or register to reply here.
Top