Dipesh

Hi,

I am transfering from an academic H1B (which does not fall under the
visa cap) to an industry job. I have been told by the lawyers of the
industrial firm that since I was *not* under the cap in my current
H1B, I *would* be capped in the new (industry) job. This seems odd to
me. Is this true? Any comments/suggestions would be greatly
appreciated.

Thanks a million.

Dipesh

Joachim Feise

Dipesh said on 3/17/2004 9:05:

    > Hi,
    >
    > I am transfering from an academic H1B (which does not fall under the
    > visa cap) to an industry job. I have been told by the lawyers of the
    > industrial firm that since I was *not* under the cap in my current
    > H1B, I *would* be capped in the new (industry) job. This seems odd to
    > me. Is this true?

Yes.

Andrew

I had a similar question recently, and according to the lawyer I spoke
to, it depends on when you got your H1-B. Prior to October 2000,
universities were not exempt from the cap. If you got the H1 before
that, it has already been counted against the H1 cap, and should not be
counted against it again. If you got it after that, you would indeed be
counted against the current (already reached) cap.

In article <[email protected] >,
[email protected] (Dipesh) wrote:

    > Hi,
    >
    > I am transfering from an academic H1B (which does not fall under the
    > visa cap) to an industry job. I have been told by the lawyers of the
    > industrial firm that since I was *not* under the cap in my current
    > H1B, I *would* be capped in the new (industry) job. This seems odd to
    > me. Is this true? Any comments/suggestions would be greatly
    > appreciated.
    >
    > Thanks a million.
    >
    > Dipesh