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Immigration Issues/H-1B transfer from academia to industry

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Question
Hi,

I am currently working as a scientist in academia on a cap exempt H-1B visa that is good through August 2015. I want to transfer to an industry job in the near future and I am looking for a cap subject employer to sponsor me for a cap subject H-1B visa. My questions are as follows;

1) In case I find a sponsor now, what options do I have if the cap numbers for H-1B visa are not available?

2)Can a concurrent H-1B visa with a cap subject employer work in my case?

3) Can a concurrent H-1B visa be eventually converted into a full H-1B with the cap subject employer ?

Thanks a lot

Answer
Hi,

If you find cap-subject employment (Employer B), you can work for Employer B only if the employment is concurrent. Alternatively, as the visa cap for the current fiscal year has already been reached, Employer B can file an H1B petition for you at the beginning of April, 2014, with employment start date of October 01, 2014, if you wish to work exclusively for Employer B. Hopefully Employer B's petition would be selected within the visa cap.

The USCIS has not addressed a situation where Employer B files a concurrent employment petition for you but eventually employment is exclusively with Employer B. I suppose this issue could be addressed by Employer B filing another H1B petition (in April, 2014, for example) and requesting cap-subject (as opposed to cap-exempt) status to take effect on October 01, 2014. In this scenario, concurrent employment with the cap-exempt employer should be maintained at least until Oct. 01, 2014.

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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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