portability of H1B for advance degree holder

V

vviti

Registered Users (C)
Hi,

I have been working for a university as associate researcher for the past 3 years with an H1B visa. I got my Phd from a US University before that.

I now have a job offer from a company that would sponsor an H1B. However, the 2006 quota for H1Bs has laready been reached. Can I use my current H1B (valid for the next three years since I just got it renewed) and use the portability rule or am I excluded from this since my unversity is a non-profit/educational/research insitution and the H1B quota did not apply in the first place for my current position?

Thanks,

nullo
 
You have to get your H1 under quota to work with profit org. There is no portability rule allow you to work profit org having non-profit org H1b without change in H1.



vviti said:
Hi,

I have been working for a university as associate researcher for the past 3 years with an H1B visa. I got my Phd from a US University before that.

I now have a job offer from a company that would sponsor an H1B. However, the 2006 quota for H1Bs has laready been reached. Can I use my current H1B (valid for the next three years since I just got it renewed) and use the portability rule or am I excluded from this since my unversity is a non-profit/educational/research insitution and the H1B quota did not apply in the first place for my current position?

Thanks,

nullo
Click to expand...
 
thanks a lot guru! it is not the answer I was hoping for, but at least I have further confirmed my doubts. I wonder, since this company is making a job offer now, and I doubt they will be willing to wait until next October for me, is there another way i can start work for them? Maybe apply for a green card through EB2, or even thorugh NIW? Would i be allowed to work while the petition is pending?

Thanks

nullo
 
No way you can work to that profit company.

I know you are not expecting this answer. But it is the only answer for you.



vviti said:
thanks a lot guru! it is not the answer I was hoping for, but at least I have further confirmed my doubts. I wonder, since this company is making a job offer now, and I doubt they will be willing to wait until next October for me, is there another way i can start work for them? Maybe apply for a green card through EB2, or even thorugh NIW? Would i be allowed to work while the petition is pending?

Thanks

nullo
Click to expand...
 
solution

it seems like what will happen to get around the quota problem is that my current non-quota H1B will be amended to be a part-time H1B so that I will be able to work for the company until october when they will file another full-time H1B that will fall under the quota.

My question now is: will I eb able to travel out of the country in the meantime?
 
You must log in or register to reply here.
Top