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Immigration Issues/Transfer from academic H1B to corporate cap H1B

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Question
Hi
I am currently working in the academic sector and my academic H1B visa expires on Sep 2013 as written in my I94. I have been looking at jobs in the corporate sector. The main problem is despite getting a job, how will the visa transfer process work?
My essential question is:
Hypothetically, I get a corporate job by early May and there is still left over quota for my H1B to be processed. However, my academic job contract expires in July 2013. Can I work simultaneously under two employers (academic and corporate) if my new corporate employer files the concurrent H1B?

If the concurrent visa channel does not apply in my case, can you please advise what sort of visa-related approvals I need to acquire to work in the corporate sector, specifically in terms of timing: from application to approval.

Thank you

Answer
Hi,

Co. B (the corp. sector) will file an H1B petition for you. Since it is a cap-subject organization, but you are currently employed by a cap-exempt organization (Co. A), you will be subject to the visa cap and the anticipated start date to be placed on the H1B petition filed by Co. B will state October 01, 2013.

However, if you will work concurrently with both Co. A and B, then Co. B's H1B petition will be exempt from the visa cap and the employment start date can be immediate. In any event, Co. B must be ready to file the H1B petition for you, since H1B status is employer specific.

Immigration Issues

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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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