prakash3000bc

I started working in a University 2 years back. My H1 was filed by the
University.
Now I got a job offer with Sprint. Sprint says that they cannot
transfer my H1 - because my current H1 was filed by an University ..
and is under University Quota - which doesnot qualify for a H1
transfer.

Is this true that anyone working in an University - cannot work in
Corporate - on H1?

I thought Univ. quota were applicable only to professors, etc

Any help is appreciated.

Thanks

Prk

Bob

I think that there saying, because a uni doesn't have a quota, and you would be transferring to a job which would be under a quota might be the problem.

As for whether it would be a problem, I don't know.

NC Penguin

Please check this on the USCIS website but my understanding is that academic institutions are exempt from the H1-B quota. It doesn't matter what you do in your job, as long as your employer is an academic institution.


NC Penguin

Bob

that's his problem, he wants to switch over to a sponsor that is under the cap from one that doesn't...i don't really know about how a transfer of a visa would work there, but as far as i[m aware, when you usually change employer, it isn't a problem if your visa is still valid, but in this instance, it's a bit different...

NC Penguin

That's why the OP should look at the USCIS website. Maybe it is possible to transfer from an H-1B with an academic employer to an H-1B with a corporate employer (that is subject to the annual quota).


NC Penguin

Joe Feise

[email protected] wrote on 12/15/06 13:58:

    > I started working in a University 2 years back. My H1 was filed by the
    > University.
    > Now I got a job offer with Sprint. Sprint says that they cannot
    > transfer my H1 - because my current H1 was filed by an University ..
    > and is under University Quota - which doesnot qualify for a H1
    > transfer.
    >
    > Is this true that anyone working in an University - cannot work in
    > Corporate - on H1?


If you were quota-exempt, as all university H1s are, and you want to change to a
non-exempt H1, you have to wait until the quota is open.
That would mean Oct. 1, 2007 for next year's quota, with the application window
opening 6 months earlier.

    > I thought Univ. quota were applicable only to professors, etc


No. All H1s for "institutions of higher learning" are quota-exempt.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Joe Feise

NC Penguin wrote on 12/15/06 20:20:

    >> that's his problem, he wants to switch over to a sponsor that is under
    >> the cap from one that doesn't...i don't really know about how a
    >> transfer of a visa would work there, but as far as i[m aware, when you
    >> usually change employer, it isn't a problem if your visa is still
    >> valid, but in this instance, it's a bit different...
    >
    > That's why the OP should look at the USCIS website. Maybe it is possible
    > to transfer from an H-1B with an academic employer to an H-1B with a
    > corporate employer (that is subject to the annual quota).


Only if the applicant was counted for the quota already, e.g., if he worked for
a corporate employer before and then transferred to an academic employer.
Easy rules...

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

scheong65

Dear Joe,
I have a little bit different problem.
My wife and I applied for change of status - from H-1B to F2 for myself
and from H-4 to F1 for my wife at the same time. After submitting RFE
for this petition two month ago I recently received an approval notice
for F2 with new I-94 from USCIS without her F1 approval. As far as I
know F2 approval should be based on approved F1 status, however, her F1
petition is still pending. I wonder if my F2 is mistakenly approved by
USCIS or F1 is ready to be approved. Also I recently got a job offer
and would like to know if it is possible to file another petition for
change of status from F-2 to H-1B (no cap) without F1 approval.

Thank you.

Shawn in Illinois.

DEE_UK

Interesting.... Heres my story: Had a H1B quota exempt visa issued in Dec-2004. Changed to another institution in Apr-2005, where they extended the visa until Apr-2007. In Apr-2006, I left the job, came back to the UK. In Oct-06, a non-exempt H1B company applied for a new H1B for me, which was processed quickly without any issues. I was very concerned as I had heard that the cap had been reached in Apr-2006 for Oct-2006 starts... However, the company attorney advised that since it had not been less than 12 months since I had left my last H1B position, I would not be counted in the cap.

Well, I have my visa, I am happily working. I guess there are "rules" which we are not all made aware of.

If it was me, going from a non-capped H1B position to a another company, I would at least try and see what happens. Obviously, you would not resign from your present position until the H1B paperwork for the new position has been processed.

Joe Feise

DEE_UK wrote on 12/16/06 20:55:

    >> [email protected] wrote on 12/15/06 13:58:
    >>> I started working in a University 2 years back. My H1 was filed by
    >>> the
    >>> University.
    >>> Now I got a job offer with Sprint. Sprint says that they cannot
    >>> transfer my H1 - because my current H1 was filed by an University ..
    >>> and is under University Quota - which doesnot qualify for a H1
    >>> transfer.
    >>> Is this true that anyone working in an University - cannot work in
    >>> Corporate - on H1?
    >> If you were quota-exempt, as all university H1s are, and you want to
    >> change to a
    >> non-exempt H1, you have to wait until the quota is open.
    >> That would mean Oct. 1, 2007 for next year's quota, with the
    >> application window
    >> opening 6 months earlier.
    >>> I thought Univ. quota were applicable only to professors, etc
    >> No. All H1s for "institutions of higher learning" are quota-exempt.
    >> -Joe
    >> --
    >> I am not a lawyer.
    >> For reliable advice, consult a competent immigration attorney.
    >
    > Interesting.... Heres my story: Had a H1B quota exempt visa issued in
    > Dec-2004. Changed to another institution in Apr-2005, where they
    > extended the visa until Apr-2007. In Apr-2006, I left the job, came
    > back to the UK. In Oct-06, a non-exempt H1B company applied for a new
    > H1B for me, which was processed quickly without any issues. I was very
    > concerned as I had heard that the cap had been reached in Apr-2006 for
    > Oct-2006 starts... However, the company attorney advised that since it
    > had not been less than 12 months since I had left my last H1B position,
    > I would not be counted in the cap.


Only if you had been counted before.
But, sometimes CIS makes mistakes. If you hadn't been counted before, they can
eventually invalidate the H1 retroactively, which would result in you being
illegal. Bottom line: don't try to benefit from CIS mistakes.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.