Concurrent h 1 - b filing for cap subject employer from cap exempt employer

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Hi, I wanted to ask a question regarding h 1- b visa. I am working as a researcher at a university (Cap - exempt h1b). I want to explore new opportunities at a private company (cap-subject h1b). I have never been counted under cap. I understood from online reading that I may file a concurrent h1b application and that way I do not have to wait until the new cap numbers for h 1- b become available for FY 2015. If this is correct what are the requirements for my university h 1 - b and new h 1 - b? Thanks!

Attorney Answers

4
J Ferrari ·
Concurrent employment would be Ok. Sole employment will requiring filing under the cap. Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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Alexus Sham ·
I agree with my colleagues. Concurrent employment petition should be okay. You should talk to your new employer's immigration attorney.
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Beata Anna LejaImmigration AttorneyChicago, IL ·
Concurrent simply means that you'll continue to work for your current cap-exempt university employer part-time, while also working for a cap-subject private employer part-time. The specifics of this arrangement need to be discussed with an immigration attorney with experience with H-1Bs. Please note, however, that you will not be counted towards the cap and will still need to be counted at some point in the future if you wanted to go work for a cap-subject private employer full-time.
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