Legal Question in Immigration Law in Iowa

I was on H4 visa last year and I applied for H1b in April 2009. My H1b was approved and I was to start working in Oct 2009. Due to downfall in economy my employer thought he may not be able to find a project and therefore he revoked my H1b in Sept2009 by sending a letter to USCIS. I applied for change of status (from H1b to H4) in Oct 2009 which was approved in Dec2009. (I have status change approval document for this). I am back on H4 status now.

1...I have a job offer from a University. I understand that University will have to file a new visa application for me and I should be able to do a premium processing and I can start working. Am I right thinking this?

2...Later, If I leave university and want to join a company:

a. Can I take visa transfer to a company or do i need to go through the H1b cap once again?

Or

b. Does the company have to file a new visa and do my premium processing again and get me counted on H1b cap again?

Or

c. The company has to file a new visa with premium processing and I don't have to apply for H1b cap as i am already counted in H1b cap 2009?


Asked on 4/23/10, 8:00 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

This is not my area of expertise. You need the services of a competent immigration attorney. I suggest you find one soon.

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Answered on 4/28/10, 8:20 am


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