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  • H1b transfer options

    Hi,

    I've read the posts in this group and thanks so much for doing this service to the community. I would highly appreciate if you can clear a few unresolved doubts I have about H1b transfer. I am a fresh PhD ultimately wanting to join Industry but waiting for a dream job. In particular I have following questions, (mostly yes/no type):

    1. For getting the first time H1b, is it possible to get employed in an academic setting (university) without claiming the "non-profit" exemption? Then I will not be subject to H1 quota again if I later transfer to a for-profit company. Right?

    2. If I get H1b in a university by claiming the non-profit exemption, can I transfer the visa to other university without being subject to the quota? Any restrictions on the timeline etc?

    3. Is it true that the "non-profit" exemption can be claimed for any employment/work to be done *AT* a non-profit research organization, even if the employment is *BY* a for-profit company?

    4. As I understant, the first 20000 beneficiaries of H1b with Masters or above from US unis will be exempt from the 65000 quota. If I am one of those 20000 ppl, will I be subject to any of the quota when I transfer the visa later? If NO, what type of quota will I be subject to, 20000 or 65000?

    5. What restrictions does the for-profit employers have to be allowed to sponsor H1b visas, if any?

    Thanks again!

  • #2
    H1 issues

    I've read the posts in this group and thanks so much for doing this service to the community. I would highly appreciate if you can clear a few unresolved doubts I have about H1b transfer. I am a fresh PhD ultimately wanting to join Industry but waiting for a dream job. In particular I have following questions, (mostly yes/no type):

    1. For getting the first time H1b, is it possible to get employed in an academic setting (university) without claiming the "non-profit" exemption? Then I will not be subject to H1 quota again if I later transfer to a for-profit company. Right?

    ---- NO, generally not

    2. If I get H1b in a university by claiming the non-profit exemption, can I transfer the visa to other university without being subject to the quota? Any restrictions on the timeline etc?

    ---- Yes, you can transfer to another University but you will be counted only in the 20,000 quota (you have to be counted in quota one way or the other). Restrictions for what and timeline for what

    3. Is it true that the "non-profit" exemption can be claimed for any employment/work to be done *AT* a non-profit research organization, even if the employment is *BY* a for-profit company?

    ---- Yes, it is possible. However, the permutations/combinations for this type of issue are just too many to be listed here

    4. As I understant, the first 20000 beneficiaries of H1b with Masters or above from US unis will be exempt from the 65000 quota. If I am one of those 20000 ppl, will I be subject to any of the quota when I transfer the visa later? If NO, what type of quota will I be subject to, 20000 or 65000?

    ---- Refer to Q2

    5. What restrictions does the for-profit employers have to be allowed to sponsor H1b visas, if any?

    ---- Restrictions for what?

    Subramanya

    Comment


    • #3
      Thanks a ton Mr. Subramanya! If you don't mind I have a few follow-up questions, please see my inserts >> below.

      Originally posted by Subramanya

      1. For getting the first time H1b, is it possible to get employed in an academic setting (university) without claiming the "non-profit" exemption? Then I will not be subject to H1 quota again if I later transfer to a for-profit company. Right?

      ---- NO, generally not

      >> Ok. Does "generally not" mean it is possible in some cases? When is it possible?

      2. If I get H1b in a university by claiming the non-profit exemption, can I transfer the visa to other university without being subject to the quota? Any restrictions on the timeline etc?

      ---- Yes, you can transfer to another University but you will be counted only in the 20,000 quota (you have to be counted in quota one way or the other). Restrictions for what and timeline for what

      >> I am confused here. I thought the H1b to work at a University is completely exempt from the quota. May be you are saying that when I transfer, I will be subject to the 20k quota even if I am transfering to a university?
      Sorry, I meant restrictions on the timelines such as you cannot transfer before the visa is activated, or such.

      3. Is it true that the "non-profit" exemption can be claimed for any employment/work to be done *AT* a non-profit research organization, even if the employment is *BY* a for-profit company?

      ---- Yes, it is possible. However, the permutations/combinations for this type of issue are just too many to be listed here

      4. As I understant, the first 20000 beneficiaries of H1b with Masters or above from US unis will be exempt from the 65000 quota. If I am one of those 20000 ppl, will I be subject to any of the quota when I transfer the visa later? If NO, what type of quota will I be subject to, 20000 or 65000?

      ---- Refer to Q2

      5. What restrictions does the for-profit employers have to be allowed to sponsor H1b visas, if any?

      ---- Restrictions for what?
      >> I meant restrictions for being allowed to sponsor H1b. Can any company in the united states sponsor H1b? If not, what are the conditions that must be fulfilled by the company?


      Subramanya

      Thanks Again!

      Comment

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