industry H1B and academic job

[sujataM]

Hi,

Few years are remaining on my past H1B petition which was sponsored by a company. Currently on H4. If I take up an academic job now, can the H1B from the academic institute, later on (in future) be transferred to a company job?

Thanks for your time!

[Attorney_22]

Generally, the only restriction regarding H1B change of employer petitions from an academic institution to a non-academic institution is whether or not the beneficiary of the H1B petition has been previously counted against the cap. If the individual has been previously counted against the H1B cap and is still eligible for H1B status, and the position with the company is considered professional, a change of employer petition may be filed. If the individual has not been counted against the H1B cap, the petition filed on behalf of the individual by the company will be subject to the H1B cap for that relevant fiscal year. If you have additional questions relating to your particular circumstances and goals please contact a qualified U.S. immigration attorney directly.

[sujataM]

Attorney 22,thank you very much for your reply. It's very helpful.