University H1B to general H1B?

[kay_jay]

My wife currently works in a university with H1B visa (university H1B, which doesn't have the quota restrictions). It is a 1 year appointment and it ends by Sep'07. She is planning to move to the industry. I know the General H1B cap (65,000) is open from 1st Apr'2007 and the approved H1B employee can start working from 1st October'2007.

My question is:
1. Since she already has University H1B, Can she start working immediately in the private company through H1B transfer or she should also wait until October?
2. What will her option if she can't start working immediately (lets say, if she continues to work with her university after Apr/May'07 and quota gets filled, she might not get into general H1B visa).

Last year the visa got over by mid of May 2006 and this time it will be the same time, so what should be done?


Thanks in advance.

[Subramanya]

H1 issues

My wife currently works in a university with H1B visa (university H1B, which doesn't have the quota restrictions). It is a 1 year appointment and it ends by Sep'07. She is planning to move to the industry. I know the General H1B cap (65,000) is open from 1st Apr'2007 and the approved H1B employee can start working from 1st October'2007.

My question is:
1. Since she already has University H1B, Can she start working immediately in the private company through H1B transfer or she should also wait until October?

---- NO, she may not be able to work in the private industry through H1 transfer. she has to apply for a fresh H1 (under regular quota) and await the outcome

2. What will her option if she can't start working immediately (lets say, if she continues to work with her university after Apr/May'07 and quota gets filled, she might not get into general H1B visa).

---- As above. Your queston is just reworded

Last year the visa got over by mid of May 2006 and this time it will be the same time, so what should be done?

---- As above

Subramanya

[kay_jay]

My wife currently works in a university with H1B visa (university H1B, which doesn't have the quota restrictions). It is a 1 year appointment and it ends by Sep'07. She is planning to move to the industry. I know the General H1B cap (65,000) is open from 1st Apr'2007 and the approved H1B employee can start working from 1st October'2007.

My question is:
1. Since she already has University H1B, Can she start working immediately in the private company through H1B transfer or she should also wait until October?

---- NO, she may not be able to work in the private industry through H1 transfer. she has to apply for a fresh H1 (under regular quota) and await the outcome

2. What will her option if she can't start working immediately (lets say, if she continues to work with her university after Apr/May'07 and quota gets filled, she might not get into general H1B visa).

---- As above. Your queston is just reworded

Last year the visa got over by mid of May 2006 and this time it will be the same time, so what should be done?

---- As above

Subramanya

Thanks Subrammanya. If my wife gets a job and visa in May 2007 under the cap(I understand that she can work only from Oct'2007), can she continue with her current job with the university (with university H1B visa) until 1st October, 2007?

In other words: In all our H1B visa approval, we have a start date, right? Hence she will also have a start date of 1st October'2007 for a new employer. Her current visa (university H1B)expires by October'2007. In that case, she can still work right?

Pls explain, quite complicated for me.

[Subramanya]

H1 issues

If my wife gets a job and visa in May 2007 under the cap(I understand that she can work only from Oct'2007), can she continue with her current job with the university (with university H1B visa) until 1st October, 2007?

---- Yes, she should continue in her present job to retain her status and be legally resident in the US. Once the new H1 is confirmed by receiving an approval notice (I-797) she can join the new employer in Oct. 2007

In other words: In all our H1B visa approval, we have a start date, right? Hence she will also have a start date of 1st October'2007 for a new employer. Her current visa (university H1B)expires by October'2007. In that case, she can still work right?

---- If she has a valid H1, that enables her employment at the Unversity then she should continue until all formalities are completed

Subramanya

[ephraimvarghese]

New question with the same issue

Hi Friends,

I am having a private H1B from Oct 2009 onwards. Now I am getting a University job and they have filed a new University H1B for me. I will join at University next month. After that my present employer might cancel my present H1B.

My concerns are : 1. Could I transfer this University visa to a Private firm any time in future?

2. Or Could a new private employer can apply a new visa in future and start work immediately with the private firm after recieving the visa application reciept notice from USCIS before approving it?(I meant by use of H1B visa Portability rule)

Thanks in advance,