H1B Transfer

[J_R]

Hi,

I work for a university on H1-B. I want to change and maybe work with a company but one of my friend says that I cant as my current H1-B might belong to a special category. Is this true? How can find out regarding this?

Thanks,
Jack

[DMX17]

University H-1Bs, in general, are cap-exempt because the "institution of higher education" are cap-exempt. You cannot start working for any random employer who may not be cap exempt. This H1 has to be filed with eveyone else starting April 1st unless you had an cap-subject H1 before joining the university and still have H1 time left.

https://www.immihelp.com/h1b-cap-petition/

[DMX17]

Hi,

Is this true? How can find out regarding this?

Thanks,
Jack

When did the university apply for you H1? If you have a copy of the I-129 filed by the university, look at Part C "Numerical Limit Exemption Information" on page 11. There, you will have some "Yes" check marks.

[J_R]

H1-B transfer

Hi DMX17,

I did check my I-129 and yes on the Numerical Limitation Excemption Info the 1st ? "Are you an institution of higher education ...." its checked "yes".
So, a hypothetical situation, if company B interviews me and are interested in hiring me, then what would happen? how would they know that I belong to this category? and in what situations I can get a clean chit?
or am i screwed totally?

Any info is very helpful,
Thanks,
Jack

[txh1b]

You are screwed if you want to join company B by quitting University A. That has to wait until Oct 2009 with application being sent to USCIS by April 1st and lottery selection later on.

There is no point in wasting their time and your time by attending the interview.

[DMX17]

how would they know that I belong to this category? and in

How would they know? Ans: From You. You tell them what situation you are in. I am sure no decent company will be willing to wait for so long. I guess you are screwed if you really hate your job.