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HotShot23
Mar 12, 2009, 10:14 PM
Hello,

Is it possible to transfer an H1B from a private company and work for an educational institution (or public organization)? I guess it would not be a transfer per se, however, is it possible to do so? If yes, what would be the drawbacks of doing so, or how is it done?

Also, I have been working for a private company on my H1 status for a year now, and I was wondering if it a requirement to leave the country at some point to get your H1B visa stamped? Does that validate your H1 status? Does not having your visa stamp effect your ability to do an H1 transfer in any way?

Thank you in advance for your advice.

DCcityboy
Mar 13, 2009, 07:07 AM
You are correct, there is no "transfer."

The new company files for your H-1B with them as it is an employer-specific visa classification. The good thing is you are not subject to this years new H-1B cap and you can start work for them after you get your receipt notice, under the H portability regulations.

No requirement to get the visa stamped in your passport, unless you need to travel internationally. The visa being issued does not help with subsequent petitions, but you can travel with the visa with a new petitioner, even if the previous petitioner is annotated on the visa.

I trust this was res[ponsive to your inquiry.