Asif Pse Grad

I am on academic H1B, I had an offer in April from a company and they
processed my industrial H1B, I got approval recently.
Now the company is saying they have changed mind and do not want me
to join, bottom line is the industrial H1 is approved but is not
getting used.
Academic and Industrial H1's are not interchangable.So this indusrty
H1 is very important for me.
So, I want to continue with the academic H1, with the academic job,
question is if few months from now I get an offer from another
company, then can I just do H1 tansfer based on my industrial H1
approval?
Or I need to put the industry H1 to work first in this sponsoring
company to be able to do Industry H1 transfer?
Answer is very much appreciated.

michaelpiston3

The answer to both of your questions is yes. If you have H-1B status
and 2 H-1B petitioners, you are in status as long as you are employed
by either one. And, subject to certain exceptions that do not appear
relevant here, the approval of the second "industrial" petition
appears to have been contact towards the cap, which means hereafter
you are not subject to the H-1B cap.

This is not legal advice. I am not your attorney. Send any follow up
inquires to . I do not check the newsgroup for
follow ups.

Michael E. Piston
Attorney at Law
Piston & Carpenter P.C.
4000 Livernois Ste 110
Troy, MI 48098
(Northeast corner of Wattles and Livernois)
248-680-0600
Office Fax: 248-680-0627
Direct Personal Fax: 206-770-6350

On Oct 1, 9:00 pm, asif_pse_g...@hotmail.com wrote:
> I am on academic H1B, I had an offer in April from a company and they
> processed my industrial H1B, I got approval recently.
> Now the company is saying they have changed mind and do not want me
> to join, bottom line is the industrial H1 is approved but is not
> getting used.
> Academic and Industrial H1's are not interchangable.So this indusrty
> H1 is very important for me.
> So, I want to continue with the academic H1, with the academic job,
> question is if few months from now I get an offer from another
> company, then can I just do H1 tansfer based on my industrial H1
> approval?
> Or I need to put the industry H1 to work first in this sponsoring
> company to be able to do Industry H1 transfer?
> Answer is very much appreciated.