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H1B transfer..... again...

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  • H1B transfer..... again...

    Hello,

    I saw several questions regarding H1B transfer, however, I could not find any answer to the question I had. So here it goes....
    I have an H1B visa from a University (quota-exempt) and I also applied for an H1 (quota-subject) thru a consultant, which was approved. Now, I have gotten an offer from another university (quota-exempt again). I really like the job profile. Now, can the quota-subject visa be transfered to this new university or will the efforts of getting this cap-subject visa just be useless? can this visa be transfered to some other for-profit company a year or so later since I have already been subjected to to quota?

    any response appreciated..

    thanks

  • #2
    You can move to a cap-exempt employer anytime. Now that you have an approved cap subject petition, you can move to the for profit Industry anytime later on by providing proof that you were cap counted.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      thanks for the reply. well, what if I decided not to go with the consultant at all and just simply join the new unversity job. that would mean that I was approved for the cap-subject visa, and I never took it. in that case, I will still be on university H1. Now, if lets say, I get a job in the industry a year later, sometime in 2009, will be able start working for that company (cap-subject) immediately or do I have to apply for a new visa in April and wait until the foll. October? In other words, do I have to take this cap-subject visa and use it right now or is mere approval of this visa good enough for me to switch between university and industry any time?

      thanks a lot

      Blue

      Comment


      • #4
        Once you have a cap-subject H1b approved, You can move to any employer anytime after they file for a H1b petition for you. No new quota wait time is needed.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          but what if I did not go with the consultant, I mean what if I did not join him and joined some non-profit organization, such as a university instead? That would be like having a cap-subject h1b, which was never used. In such case, can I take up a job with some for-profit organization sometime in future without having to go thru the quota process again?

          Comment


          • #6
            It DOES NOT matter. All you need is a cap subject H1b approved to move to any employer later on.

            If you are soooo skeptical, go talk to a lawyer than go back and forth on the same subject again and again.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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