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H1 Transfer from non-NGO to NGO then NGO to non-NGO

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  • H1 Transfer from non-NGO to NGO then NGO to non-NGO

    Hi,
    I have a valid H1 from employer A and have an fulltime opportunity with employer B (which is non-profit org NGO), in this case H1 transfer will have no issues.
    Later if I want to change from employer B to profit org , will H1 trasnfer be consider as cap exempt?
    The queries I have :
    1. Employer B will file a new H1 petition and that will be cap exempt but H1 will be new for 6 years or it will still use my remaining years of previous H1.
    2. If NGO H1 is cap exempt then will be be any provision to utilize the previous H1 to non-profit org.

    Thanks for your assistance.

  • #2
    Originally posted by manish0817 View Post
    Hi,
    I have a valid H1 from employer A and have an fulltime opportunity with employer B (which is non-profit org NGO), in this case H1 transfer will have no issues.
    Later if I want to change from employer B to profit org , will H1 trasnfer be consider as cap exempt?
    The queries I have :
    1. Employer B will file a new H1 petition and that will be cap exempt but H1 will be new for 6 years or it will still use my remaining years of previous H1.
    2. If NGO H1 is cap exempt then will be be any provision to utilize the previous H1 to non-profit org.

    Thanks for your assistance.
    1. 6 Years Minus time already spent under previous H1. The clock is reset only one when stays outside US for an entire year and then applies fresh H1 (Cap subject or Cap exempt- does not matter).
    2. Yes, you can move back to the for profit employer as long as you have time remaining in the 6 Years limit.

    This is my opinion not legal advice.

    Comment


    • #3
      Hi Manish,
      Whats your status now?
      Did you transfer your H1B to non ngo?
      I'm also in same situation and thought of taking your advice.

      Thanks in advance!!

      Comment


      • #4
        No, it didn't workout for fulltime due to sponsership, so I am with previous/same employer.

        Comment

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