Immigration Issues/H-1 Transfer

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Question
I'm a physician currently working on H-1 visa for a private employer after getting J-1 waiver in 2004. When I applied for H1-B in 2004, I was not subject to cap because (although cap had already reached at that time).

My J-1 waiver will be getting over in August 2007. I'm thinking of moving to another state and planning to work in private practice setting by September 2007. I will be doing H-1 transfer at that time.

Will I be subject to cap at that time?

Thank you.

Answer
Hi,

You will not be subject to the visa cap since you are no longer a J-1 nonimmigrant; you are an H-1B nonimmigrant. Therefore, this will be considered a regular "extension of H-1B status (through a new employer).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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