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Non-profit H1B(cap-exempt) to for-profit(cap-subject) H1B transfer

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  • Non-profit H1B(cap-exempt) to for-profit(cap-subject) H1B transfer

    I am working for a non-profit with a H1B ( cap-exempt) from Jun2012. Visa is valid till Jul-2018. I have never been counted against cap and my I140 application is in process

    a) Can i transfer my H1B to to for profit-company after my I140 is approved without going through cap process?

    b) I have a for profit employer A willing to apply a H1B application for me in Apr-2016. I though do not want to shift my job immediately. i am willing to continue with the same non-profit until i find a suitable for-profit employer. Will this petition if approved affect my current employment?
    My understanding is if this petition is approved i can be counted against cap and shift to some other profit employer B in future without worrying about cap timelines. Let me know if my understanding is correct?

  • #2
    Same question

    Hello Ashwin,

    Did you find an answer yet?



    Originally posted by Ashwin Selvarajan View Post
    I am working for a non-profit with a H1B ( cap-exempt) from Jun2012. Visa is valid till Jul-2018. I have never been counted against cap and my I140 application is in process

    a) Can i transfer my H1B to to for profit-company after my I140 is approved without going through cap process?

    b) I have a for profit employer A willing to apply a H1B application for me in Apr-2016. I though do not want to shift my job immediately. i am willing to continue with the same non-profit until i find a suitable for-profit employer. Will this petition if approved affect my current employment?
    My understanding is if this petition is approved i can be counted against cap and shift to some other profit employer B in future without worrying about cap timelines. Let me know if my understanding is correct?

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