H1B transfer to a University ???

[Keerthi83]

Hello Everybody,

I'm in a tricky situation. I work for a non profit organization (research organization) as a research technician on H1B visa (which started Oct 1st 2008; previously I was on F1 and OPT; I was never out of status)

I got an offer from a University and I'm planing to transfer my H1B visa. Since the University is a non profit organization, I guessed the H1B could be transferred with no issues. But the HR from the University says the following which I thought are very different from what I have been hearing about the employment visas.

1. They say the H1B can not be transferred to a University and it has to be a new H1B application from the University. Is it true?

2. Before even sending me the offer letter to sign, they are asking me my current H1B document; also they say I need to join them asap, and ones they file for a new H1B I need to leave my current job. In that case wouldn't I be out of status????

3. They also say if the transfer has to be made they need to contact my current HR and work with them for the transfer (I know...they said H1B can not be transferred and they mention this point too!!)

4. I do not want them to contact my current employer; can a H1B transfer be done with out the knowledge of the current employer?


Thanks for reading this post, any suggestions or comments based on your experience/knowledge is highly appreciated.

txH1B, Subramanyan and other senior members plz respond...

Thank you,
Keerthi

[txh1b]

1. Truly speaking, there is nothing like a H1b transfer and this is what they might be referring to. Every H1b is filed as a new H1b. Ones that request H1b extension of stay (EOS) are referred to in layman term as transfer.
2. They are asking for it to prove that you already have a H1b and you need to provide a copy of it. Once they file for the H1b and reaches USCIS, you can begin employment with them.
3. Doesn't make sense about the current HR relationship. Is this all in the same University?
4. There is absolutely no necessity for them to contact your current employer to file for H1b transfer.

[Keerthi83]

Thank you txh1b for your prompt reply.
(Yes it is in the same university)

[txh1b]

f it is in the same University, they will just be filing a new LC and an amendment, not a transfer. It is also essential that they contact the current department to figure out the details of the transition. They will contact them and you have no option to avoid it.

[Keerthi83]

Sorry for the confusion txh1b, I meant all the questions are from the same future employer/university, actually I'm with a non-profit research organization planing to join a new job at a university.

[txh1b]

It doesn't make sense to contact your current HR then unless they are doing some kind of back ground check.

[Keerthi83]

I know...that's what I have been telling them. I'm waiting for the offer letter and then I will talk to them about it.

Thanks for your help!