Transferring from a research institution to a firm

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pattie

New Member
1. I am currently working at a university on an H1B (a research H1B which was not subject to the quota). I have a job offer from a company now. I have heard that my current H1B cannot be tranferred to the new company, and that I will have to apply for a new H1B visa which will be subject to the quota. Is this true?

2. Since the H1 quota for this year has expired, the company plans to apply for a visa for me begining October 2007. Can I begin work on the H1B filing receipt? When will that arrive? When will my I797 arrive if the company undertakes premium processing?

3. If I go to my home country in September, can I re-enter the US on the receipt alone, or do I need the I797?

4. If I quit my present job, how long am I allowed to stay in the US?

Thanks in advance.
 
pattie said:
1. I am currently working at a university on an H1B (a research H1B which was not subject to the quota). I have a job offer from a company now. I have heard that my current H1B cannot be tranferred to the new company, and that I will have to apply for a new H1B visa which will be subject to the quota. Is this true?

2. Since the H1 quota for this year has expired, the company plans to apply for a visa for me begining October 2007. Can I begin work on the H1B filing receipt? When will that arrive? When will my I797 arrive if the company undertakes premium processing?

3. If I go to my home country in September, can I re-enter the US on the receipt alone, or do I need the I797?

4. If I quit my present job, how long am I allowed to stay in the US?

Thanks in advance.
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Hi,

I am also on an academic H-1B, and have applied for a company H-1B since I have a job offer now. Since I have a PhD from the US I could apply through the advanced degree option (an extra 20,000 H-1Bs). I gues there are still some 4,000 H-1B left under this type. Now specifically answering your questions:
1. Yes, it is true that you cannot use your academic H-1B to work for company. The company H-1B quota is over, however, if you have an MS (or higher) degree in the US, there are still 4,000 H-1B visas that you are eligible to apply.
2. According to my knowledge, you cannot work with the H-1B receipt alone. Further, you cannot apply for October 2007 H-1B untill starting April 2007, and you cannot work untill October 2007 even though your application is approved much earlier.
3. I think you cannot reenter the US just with I-797.
4. I do not know (sorry)

Again, these are from my personal knowledge. You should talk to an attorney for accurate information.

Arun
 
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