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Immigration Issues/About Transferring H-1B

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Question
Hi Ajay,

Currently, my H-1B sponsor is from a university which is an H-1B cap exempt institute. I recently accept a new position from a company (not H-1B cap exempt institute). The company has already hired a law firm to handling my H-1B transferring. Since H-1B cap has been used for this year, that would mean that I won't be able to start working for the company until October.

When can I officially resign from my currently position at the university and still keep my H-1B status if the company file the H-1B transferring request sometime in April? Thank you.

Cheers,
Tony

Answer
Hi Tony:

Due to the cap, I recommend that you not give your resignation to the university until at least the middle of September. This way there will not be a significant interruption of employment during the transfer of employers. In other words, you will be working for at least one employer as per approved H-1B petition.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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