University vs. lawyer filing for H1 transfer

[newolf]

Hey guys! Hope you're all doing fine with your case/residency/practice/etc...
I've been so much obsessed with my long-term goals and GC-related stuff that I lost track of my today's job. So here is my current issue:
I got into an Internal Medicine residency program with H1 and they sponsored me for 3 yrs (status valid till 2007). Then I became interested in Neurology and discussed it with my program director who showed great understanding and released me with great recommendations. So I signed the new contract to start my Neurology residency from June/July 2005.
Around two months ago, I asked my lawyer to start the process of my H1 transfer, but after a few weeks (due to university delays), we found out that the university administration takes care of H1 files itself and there is no need to my lawyer.
Ever since then, my initial happiness of not having to pay some 2000 bucks to my lawyer has been replaced by a bothering sense of frustration and insecurity. It takes a couple of days to find the person in charge, and then, they seem to be too busy to have time for you, they don’t listen to what you say, and their responses are limited to yes/no/don’t know (Boy I miss my lawyer!) Obviously, they don’t feel like having to report to me and I understand that. I mailed them my documents 2 weeks ago (was delivered next day and I have proof of that!), but they couldn’t find my documents. So I went there personally yesterday and handed over my stuff, but what I saw was just a bunch of clerks who seems not to care that much if you become out of status and get kidded out of the US. They insists that it takes 6 months to get the H1 transfer approval in New York, and it is only 4 months left to the beginning of my residency… Quite frankly, I feel I can’t trust them in handling my case. So what do you think? Should I take it easy and let them do it with their snail-like pace, or discuss it with my new program director for putting some pressure (which might just have the reverse result), or ask them to file premium (and pay the extra grand out of my pocket), or finally, beg them to release my case to my own lawyer and happily pay him to do it and give me some peace-of-mind?!

 

[hadron]

I hear you. This problem seems to be universal with university programs. What office at the university is handling this ? Often it is the same place that messes up the international students F1 applications. You might have to go higher, to he head of the office or the dean of graduate medical education to get the premium filing done.
The problem is, officially the employer HAS to pay for the entire process (except premium fee). So if you volunteer to pay your lawyer the employer technically violates some byzantine rule.

 

[newolf]

Thanks for the info. The name of the office is something like "Professional Affairs & Graduate Medical Education" located at an Administration Building. This is basically a big hospital who has earned the title of "university", so there is no F1 processing or stuff going on to the best of my knowledge...
Does it really takes 6 months for an H1 transfer? BTW, if my H1 is filed but not approved by the time I'm suppose to begin, can't I start using my current work permit and current residency H1 status (valid till 2007) untill my H1 transfer to the new residency program is apporved?

 

[hadron]

> can't I start using my current work permit and
> current residency H1 status (valid till 2007) untill
> my H1 transfer to the new residency program is
> apporved?

Talk to your attorney. I believe that with a H1b transfer it is possible to start working the new job once you have the filing receipt from USCIS (part of AC21). But I don't know that for a fact.

 

[m_img]

As Hardon said, talk to your attorney..

If transfer takes longer... I think, you can have more than one H1. Just get a new H1 and then later on advise USCIS that you don't need the older one anymore. I'm not sure if you can use premier processing path for transfering H1.