H1B Transfer from nonprofit university to a company

[kxd23]

Hi everybody:

I currently have a H1B sponsored by a nonprofit university and employed as postdoc at the university. Recently (in Feb 2012) I have got a job and the employer wants to apply for a H1B. A lawyer for the company told me that they will apply for H1B on April 1 with a LCA, which will say that the start date of employment is April 1 2012. He says that in this case I will be able to start working once USCIS receives the application in early April 2012.

However, based on what I read on other discussion forums, my understanding is that H1B employment can only start on Oct 1 2012.

Can anybody please through some light on this topic.

Thank you very much for all your help.

Kaushik

[shervin143]

Your employment start date with the new CAP subjective employer cannot be before October 1st. The effective date of the H1B that is subjected to the CAP will be printed in the approval notice and it will on or after Oct 1st.

[kxd23]

Thanks for the reply. I again contacted the lawyer and he showed me some letters from USCIS, which do say that in my situation, one can start the new cap-subject job as soon as H1B application is received by USCIS and can continue to work till Oct 1 (if the application of H1B is approved) when he/she actually gets the H1B status. The lawyer seemed very confident about this.
Thanks.

[kabkaba]

It is up to you to decide. You can do some reading online yourself. The letters that you mention, are those applicable to a general H1 transfer or in particular to a cap-exempt to cap-subject H1 transfer? Remember, if the lawyer is hired by your employer he/she is required to protect your employer's interests and not your interests. You can consult your own lawyer to get better advice.
I agree with shervin's understanding of this situation.

[kxd23]

Here are the letters shown to me

Thank you everybody for replying to my question. The letters shown to me are available here. It clearly says that its for cap-exempt to cap-subject portability. Also the specific example given exactly matches with my situation. Only concern is that its from 2007 and I am not sure if there are any publications/letters/memos on this topic after that date. Please review the letter from that link and let me know your opinion. I have not make a very big decision based on all this.
Thank you again.

[kabkaba]

These letter seem to be quite clear. The lawyers seem to be using the specific wording in the law ('employment' against 'status') that makes working for cap-subject employer before Oct 1 possible.
I don't know if there have been any changes in policy after 2007 and only an experienced lawyer may answer that.

[life science]

H1B Portability, cap-exempt to cap-subject

Hi everybody:

I currently have a H1B sponsored by a nonprofit university and employed as postdoc at the university. Recently (in Feb 2012) I have got a job and the employer wants to apply for a H1B. A lawyer for the company told me that they will apply for H1B on April 1 with a LCA, which will say that the start date of employment is April 1 2012. He says that in this case I will be able to start working once USCIS receives the application in early April 2012.

However, based on what I read on other discussion forums, my understanding is that H1B employment can only start on Oct 1 2012.

Can anybody please through some light on this topic.

Thank you very much for all your help.

Kaushik

Hello Kaushik,

I have a similar situation now, as you did a year back. I am presently on a cap-exempt H1B, and have been offered a position at a private company. I wish to transfer from a cap exempt H1B to a cap-subject H1B. Could you tell me if whatever you wrote above worked out for you ? Did you actually start on April 2012, and get a cap-subject H1B approved eventually ?

I would sincerely appreciate a response to this query.

[kohinoor1]

Hello Kaushik,

I have a similar situation now, as you did a year back. I am presently on a cap-exempt H1B, and have been offered a position at a private company. I wish to transfer from a cap exempt H1B to a cap-subject H1B. Could you tell me if whatever you wrote above worked out for you ? Did you actually start on April 2012, and get a cap-subject H1B approved eventually ?

I would sincerely appreciate a response to this query.

Hi,

Did what Kaushik mentioned worked out for you? Your response will be highly appreciated. Thanks.

[vkgandhi84]

In same situation - transfer from non-profit h1 to for-profit h1

Did this work out for anyone? I am in the same situation and its really frustrating. Any help and guidance will be appreciated. Thank you.