Univ H1b to Company H1b

[ganpal]

Hi,

I am a post doc in a univ and may have a prospective job offer in a company. I want to know the guidelines to transfer from a university H1B to Company H1B. Two main question (1) Is there a cap on this kind of a H1b transfer. (2)Also, if there is a cap and I am able to apply and receive a receipt by April can i start working in April.

Thanks

[sk4ih]

Any H1 is same.
You can start working for new employer (school/college/company) after receipt notice.

[ganpal]

Thank you.

But some people are telling me that since I am applying for a cap H1B for the first time, I will have to wait until Oct 1st 2010 to be able to start working with my new employer. Is this true?

[sk4ih]

If you already are on H1, transfer is cap-exempt.

[ganpal]

I am currently on cap-exempt H1B. I work in a university.
If my new employer (profitable company) applies for my a non cap exempt H1B, can I work as soon as I receive the H1B receipt from USCIS? Do I need to wait until Oct 1st 2010 to begin work?

[sk4ih]

http://www.immihelp.com/visas/h1b/h1b-cap-petition.html

When you're cap-exempt, you can start working after receipt notice.

[ganpal]

Hi

Thank you very much for the link. I read through it and understood that if i was not counted in the cap before I will now have to be counted in the cap when the company applies for my H1b. But the link does not mention any where that I can start wroking as soon as I receive the receipt. It mentions in most places that work can be started only in October. Please can you through light this.

Thanks

[sk4ih]

Where did it say that if you're not cap-counted, you will be now?

All I see related to your case is:


Following beneficiaries of approved H1B petitions are exempt from the H1B annual cap:


6. If the petition is to request a change of employer, the beneficiary previously worked as an H-1B for an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit organization or government research organization defined in questions 1, 2 or 3 above.

And H1 is H1. Once you've H1, it's just regular H1. There is nothing like university H1, college H1, company H1.