H1B transfer questio-please help!

V

va-md

New Member
I am a physician currently working at an academic institution. I am on my 8th year of H1B and my LC is pending. I am planning on switching to the VA. Here is my problem:
1. I was told that the VA is not exempt from the H1B cap and thus I would have to wait until 4/07 to reapply for an H1B through the VA and would be able to start working there in 10/07 only.
-is this true?
2. My VA is affiliated to the academic institution I am currently working at, and I will be continuing academic work in addition to clinical work at the VA (teaching and research):
-is there any way I can file for a cap exemption by the VA since I will be "connected or associated with an institution of higher education"?
-if the above is not possible, can I undergo a combined appointment at the VA and the current academic position and thereby receive a H1B cap exemption through the VA?

Please advice. Thanks!
 
You already have a H1. So you don't fall under the cap. H1-B transfers are
cap exempt. You can immediately file for a transfer. But since you are in your
8th year, make sure that your file for your 9th year extension correctly. I
would advise getting your 9th yr extension filed and approved before moving
to VA. I would recommend visiting a lawyer to understand the garbage I
am talking and it's consequences.

Then once you move to VA, apply for LC under PERM, and immediately apply
for I-140. LC/I-140 should take less than 9 months. Immediately apply for
3-year H1 extension and get over this year by year H1 renewal crap.
 
Thanks for the info.
Until now I have been working in academic institutions which have been exempt from the H1B cap (my initial H1B application was also exempt from the cap). I was told that since I am now transferring to an institution (VA) which is not exempt from the cap, I will be subject to the cap.
What do you think?
 
Not knowing much about 9th extentions....

Since you'll still be working at your current institution, have you considering getting a second H1-B for VA instead of switching H1-B?

just a thought...
 
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