Transfer from Exempt H1b to Regular H1b

[bandy]

Hi everyone,

I have a question regarding transferring from Exempt H1b to Regular H1b. Here is the scenario.

I currently work for University A (a state university) in the United States on an H1b that is quota exempt. I would like to work with Company B (Regular commercial company in US) and this company has already petitioned and received an approval for an H1b (falling under FY 2007 quota) with a start date of October 1, 2007.

My questions are these....

1) Is there a time limit to join Company B?

2) I would like to work with University A until March 2008(on my existing H1b) and then switch to Company B at that time. Must Company B do anything additional (like change the start date on the H1b) or can i simply start working with them in March 2008 with no further formalities/procedures?

3) Can i travel overseas (in say December07-January08) ? (I will still be employed by University A until i decide to change)

I would really really appreciate it if someone could shed some light on this issue.

Thanks a lot !!

Bandy

[aaron]

If you work for a cap-exempt employer, in order to work for a different employer that is not cap-exempt you must qualify for the new H1B under the quota.

[bandy]

Thanks for the reply Aaron. I already have an approval receipt for the non-cap-exempt visa which starts on October 1, 2007 (Applied for it on April 1, 2007). I just wanted to know if there is a time limit after October 1, 2007 before which i must start working for the new employer.

[Mr. Knowitall]

As long as your H-1B is valid, the "transfer" issue is peripheral - you should not have an issue whether you work for the first employer or the second employer, as long as you are working. If you're planning a long vacation, try to work that out as vacation time or a leave of absence with one of your employers, rather than a gap between jobs.

[bandy]

Thanks Mr. Knowitall. It all makes sense now. Thanks again.