Questions about H1B Transfer

[H1B Holder2002]

Currently, I am holding H1B visa as a postdoc in a university. Recently, I applied for a similar postdoc position from a federal governmental research institute (called it as FGRI for simplicity, nondefense realeted). I received a message from FGRI (not a lawyer)about H1B transfer and I was confused. I would greatly appreciate if someone can input some comments about it. The message is as follows:

¡°The H1B visa cannot be transferred from a university to FGRI. I discussed this at length with the personnel people at FGRI and my understanding is as follows: If you were selected as the person for the postdoctoral position there would be a 120 day wait from the time you were selected and FGRI will put in an application to the INS for a new H1 visa for you. After the 120 days RGRI would receive a "relief notice" from INS and you could be hired with salary, but without additional benefits for 240 days until the new H1 visa is issued by INS. Once that H1 visa is issued you can receive salary plus benefits (the most important being health insurance). The H1 visa is for 2 years and is extendable.¡±

My question is:

1. Why my current H1B from a university can not be transferred to this FGRI since the duties of the two postdoc positions are similar.
2. If it is not transferable, can I apply a new H1B using the premium H1B processing. How long it will take?

Thank you very much!

H1B Holder

 

[Gabriel D. Jack]

No Title

this reads to me as if there may be some sort of policy with the position that they take in not providing benefits for a certain period of time after filing H-1B extension. Either they are not informed about Premium Processing or they refuse to do it as a policy. If you like, I will be glad to act as your counsel and contact these people and perhaps explain to them other alternatives and also get a fuller understanding of their policies.

Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com