If I am on my H1-B visa and I am working for an academic institution and get a job offer from a private industry, can I transfer my H1-B?

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If I am on my H1-B visa and I am working for an academic institution and get a job offer from a private industry, can I transfer my H1-B?

Asked on August 1, 2012 under Immigration Law, Tennessee

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 11 years ago | Contributor

No you may not. H1bs cannot be transferred. Since your first H1b was not subject to the quota, any new case in the private sector will be subject to the quota. There are currently no H1bs left. You cannot file until next April with a start date of 10/01/2013.

Gene Meltser, Esq. / BIRG & MELTSER

Answered 11 years ago | Contributor

H1's are never transferred despite a popular belief - you must get a new one. And if your original H was excempt from the quota originally - you fall under quota, unfortunately...


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