H1B Trasnfer from a University to a commercial organization

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newbie007

New Member
Hi!
I have been working with a University since Aug 2002. Currently I have a job offer from a commercial organization. Before Oct 2003, the H1B cap was 195,000 and I applied before that. My current H1B expires in July 2005.

I am planning to apply for transfer to the new company. I have the following questions:

a) Since my current employer is an higher educational institute, can I apply for transfer to the new company.

b) The cap on H1B has reached for this fiscal year. How does it affect the transfer.

c) What alternatives, if any, do I have to switch to the new company before Oct 2005.

d) With my research so far, I am getting a feeling that I can transfer my H1B to my new employer and work for this current fiscal year and I need to have a H1B visa from quota before Oct 1st 2005. If this assumption is correct, how does it affect my situation since my current exempt-cap H1B expires July 2005.

Thanks for your help in advance.
 
to newbie

May be I dont understand all the details fully - but once you get your H1 transferred to the new company (which will not fall under quota acc. to what you mentioned and also acc. to what i have heard).....wouldnt the H1B valid for 3 years from that transfer date....which will be till somewhere in 2008.

So where is the question of quota ??

bucklup1
 
Hi!
Thanks for your reply. I am not sure if the transfer of H1B to the new company (which is a commercial organization) will be from the quota or not. It seems to me that it has to be from the quota and thats where my problem lies.

My current H1B is not from the quota as it was granted for a higher educational institute.

Regards.
 
to newbie

I think the easiest way is to pick up the phone and call Rajiv Khanna's office and mention that you need to speak to a H1B specialist and state your question. Ask them for possible options if your H1B does come under quota. Mr. Khanna's office is one of the most approachable law firms.

good luck
buckleup1
 
newbie007 said:
I am planning to apply for transfer to the new company. I have the following questions:

a) Since my current employer is an higher educational institute, can I apply for transfer to the new company.
>>> there is no difference between transfer of H1 from University to some company or between 2 universities.
b) The cap on H1B has reached for this fiscal year. How does it affect the transfer.
>> H1B transfer applicants dont fall under any quota
c) What alternatives, if any, do I have to switch to the new company before Oct 2005.
>> H1B transfer applicants dont fall under any quota
d) With my research so far, I am getting a feeling that I can transfer my H1B to my new employer and work for this current fiscal year and I need to have a H1B visa from quota before Oct 1st 2005. If this assumption is correct, how does it affect my situation since my current exempt-cap H1B expires July 2005.
>> H1B transfer applicants dont fall under any quota
Click to expand...
 
It is come under quota

His first h1b was under higher education institue/Non profit org. So he never come under h1b quota at all.

Now he is transferring from non-quota h1b to commercial h1b quota. Though it is a transfer but definitely fall into quota cap. He can only work after Oct 2005.
 
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