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Immigration Issues/H1B Transfer from nonprofit university to a company

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Question
Hello,

I am currently working at a nonprofit university with a H1B sponsored by it. This cap-exempt H1B status will expire on Sept 30, 2012.

Last month, a cap-subject company filed a petition for H1B for me and got an approved I979, which will start from Oct 1, 2012 and will expire March 30, 2015. This company also has a certified LCA valid from April 1, 2012 till March 30, 2015.

Now, this company wants me to start working for them from May 1, 2012 taking advantage of a memo written by Efren Hernandez of USCIS dated May 23, 2007 on this topic of transfer from cap-exempt to cap-subject employer.

Will you please let me know what are the downsides and what later problems may arise if I start the new job before Oct 1, 2012.

Thank you very much.
Regards,
Kaushik

Answer
Hi,

As long as you continue to  be concurrently employed by Co. A., you can join Co. B now as well, since there is a certified LCA valid currently for Co. B. However, we are not willing to go beyond the Memo and state that it is OK to terminate your employment with Co. A prior to the H1B approval notice taking effect on Oct. 01 for Co. B.

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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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