University H1B to general H1B?

kay_jay

Registered Users (C)
My wife currently works in a university with H1B visa (university H1B, which doesn't have the quota restrictions). It is a 1 year appointment and it ends by Sep'07. She is planning to move to the industry. I know the General H1B cap (65,000) is open from 1st Apr'2007 and the aproved H1B employee can start working from 1st October'2007.

My question is:
1. Since she already has University H1B, Can she start working immediately in the private company through H1B transfer?
2. What will her option if she can't start working immediately (lets say, if she continues to work with her university after Apr/May'07 and quota gets filled, she might not get into general H1B visa). Last year the visa got over by mid of May 2006 and this time it will be the same time, so should be done?


Thanks in advance.
 
1. Sinceit comes under quota, s/he probably can not start working til Oct.
2. I don't understand your concern about quota. If H1 was filed in early April, I'd 99% sure s/he could grab the quota.
 
GotPR? said:
1. Sinceit comes under quota, s/he probably can not start working til Oct.
2. I don't understand your concern about quota. If H1 was filed in early April, I'd 99% sure s/he could grab the quota.


Thanks for your response. If my wife gets a job and visa in May 2007 under the cap(I understand that she can work only from Oct'2007), can she continue with her current job with the university (with university H1B visa) until 1st October, 2007?

In other words: In all our H1B visa approval, we have a start date, right? Hence she will also have a start date of 1st October'2007 for a new employer. Her current visa (university H1B)expires by October'2007. In that case, she can still work right?

Pls explain, quite complicated for me.
 
kay_jay said:
Thanks for your response. If my wife gets a job and visa in May 2007 under the cap(I understand that she can work only from Oct'2007), can she continue with her current job with the university (with university H1B visa) until 1st October, 2007?
Yes, but we can not predict how fast quota will get exhausted. The plan to apply in May is not recommended.

In other words: In all our H1B visa approval, we have a start date, right? Hence she will also have a start date of 1st October'2007 for a new employer. Her current visa (university H1B)expires by October'2007. In that case, she can still work right?
.
She can work on current H1 at Univ til Oct 1.
 
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