H1B Transfer from corporate University

[vasuk]

Hi all,

My H1 is approved recently. I m an F1 student graduated Dec'08 and currently on OPT status. Right now I am working for my employer on OPT status. I got an offer from University. What would be the process to transfer H1B?? Do I need to ask my current employer to give my H1B document??

Please help.... Limited time....
Thanks in advance
Vasu

[txh1b]

As university is cap exempt, your h1b approval document is required to prove cap count in general which is not needed in this case.

However, it is good to get a copy of the approval in case you want to switch back to a company in the future. This will help you prove that you were cap counted in the past.

[orion]

Are any and all universities and jobs there cap exempt?

[txh1b]

Kind of if they are accredited and qualify (for H1b requiring a degree) as per the relevant CFR. More details available under the following sections of the law.

Aliens employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:

• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C).

Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).

[orion]

Thank you for that information.

[vasuk]

Thank You and few more questions plzz

Thanks Senior Member. So, It is good to a copy of my I-797 with me. What are documents required to show to HR in University? Just by showing a copy if my H1B status, I can prove that I am legally permitted for employment?

Do I need to apply for any H1B transfer?

It is better to be on my H1B status or apply for OPT Ext. with University offer letter and apply for again H1B later??

Looking forward for reply....

Thanks
Vasu