Seeking an Academic H1B information

Hi,

I am a prospective H1B applicant in the Academic category (I heard it is Cap Exempt as it is non-profit and Academia).

I would like to know following information about this H1B visa category:

  1. I would like to know eligibility for applying to this H1B category?.

  2. How long it takes to process such visa?

  3. When a person can start working? Is it same as October 1st of the year or different?

  4. After seeking this visa, can I switch and change employer?

  5. Can be transfered if I seek job opportunity in Public sector company (company which is not Non-Profit Org)??

Thanks a lot for help in advance!

~Jay

I hope you will find these answers useful

1. I would like to know eligibility for applying to this H1B category?.
MS, Mphil or PhD or anything that deems higher education certification beyond undergraduate stage



2. How long it takes to process such visa? 



60 days



3. When a person can start working? Is it same as October 1st of the year or different?



Start dates are year around. People going for academic H-1 usually start as a J-1 so many are already working. Are you in the US or another country?

4. After seeking this visa, can I switch and change employer?



Yes, but as H-1 is employer linked, the new employer has to work on the transfer




5. Can be transfered if I seek job opportunity in Public sector company (company which is not Non-Profit Org)??



Yes. But the private sector company has to again work on your transfer



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In academic visa categories, it is advisable to start on a J-1 and then transition to H-1 or green card but it is different based on your qualifications. This route is very frequent in bilogical and material sciences where you are involved in research and/or teaching



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu

Thank you Shankar for your the quick response. Below are some of the comments/questions:

  1. The person interested in applying has a Masters degree from India. I hope that would not be a problem for H1B application.

  2. 60 days - is there any way to make it faster/premium processing?

  3. The person is in the US and on a dependent visa. Is it ok?

  4. The transfer rule looks similar to Industrial H1B visa. Thanks for the info.

  5. So, is the Industrial H1B transfer is subjected to quota ans start date restrictions?

Thanks a lot for the information, appreciate your response.

~Jay

Hi Jay,

Please see below



1. The person interested in applying has a Masters degree from India. I hope that would not be a problem for H1B application.



It should preferably be in biological sciences or a technology degree with application to biology and medicine. J-1 is always an option as the environment is academic

2. 60 days - is there any way to make it faster/premium processing?



If the field is medical research or technology application to medicine, employer may request to expedite as the worker fills a key sector labor need, time can be shortened to 40 days

3. The person is in the US and on a dependent visa. Is it ok?



Sure, that factor is not relevant.

4. The transfer rule looks similar to Industrial H1B visa. Thanks for the info.



Except that academic environments move applications much faster

5. So,  is the Industrial H1B transfer is subjected to quota ans start date restrictions?



Not if the field is basic or applied medicine or technology that impacts such fields. No quota or cap rules apply.



Wish you the very best



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu

I do advice a J-1 route if the host academic institution is able to issue DS-2019 forms. It makes things easy on many fronts including ability to directly go into the green card track if the academic performance was excellent with publications etc. But let me not confuse matters…H-1B choice is perfectly ok.

All the best

thanks a lot!! the person is not in medicine /science field so, H1B is way to go. Well so bottom line is- person can start working within 60 days if he/she manages to get academic H1B processed. Right?

40-60 days. Wish you and the applicant the very best