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Immigration Issues/Academic H1B - Industry H1B Transfer

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Question
Dear Sir, I am currently holding a H1B from an academic institution and have been offered a position in industry. I realize that the cap for this year has ended. My questions are:
1. Can I transfer the academic H1B to industrial H1B? I realize that the academic H1B is cap exepmt and there might be issues.
2. If I do apply for a transfer after April 1, 2011 (I realize that the cap for this year is met, so I will have to apply after April 1), then the start date can only be October 1st?

Thanks for your help. Please advice on any other issues that may appear.

Answer
Hi,

Yes, your assumptions are correct. Since your current H1B was filed by a visa cap-exempt institution, you will be subject to the visa cap through the company filing an H1B petition for you. This petition through the new employer can be filed no earlier than April 01, 2011: http://www.uscis.gov/h-1b_count and the employment start date can be no earlier than October 01, 2011.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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