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Transferring from H1B Cap-Subject to Non-Profit Org Cap Exempt.

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  • Transferring from H1B Cap-Subject to Non-Profit Org Cap Exempt.

    I currently am on H1B visa for a company and I got it through the April cap-subject. Now I am moving to a nonprofit org. and they are transferring my H1 visa, so in future, if I move back to a private company, do I have to go through the lottery system again?

  • #2
    No, presuming you satisfy the following two condns. (1) There is still time left out of the 6yrs. allowed on H1 (it does not matter whether it was cap subject or not, only the total amount of time on H1 counts). (2) You have held the cap-subject H1 status within the last 6yrs. from the date of application to revive.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      No, presuming you satisfy the following two condns. (1) There is still time left out of the 6yrs. allowed on H1 (it does not matter whether it was cap-subject or not, only the total amount of time on H1 counts). (2) You have held the cap-subject H1 status within the last 6yrs. from the date of application to revive.
      So you are saying, if I want to come back from non-profit org to a private company again, I don't have to go through the lottery process again? But everyone says if you are coming from nonprofit to private company, you will have to go through the lottery again, no matter what.
      Last edited by My2C; 04-22-2019, 04:30 PM.

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      • #4
        All that matters is have you been accounted for in the cap during the past 6 yrs. So, no you need not "go through the lottery again no matter what", as long as you meet all the other criteria, viz., accounted for in the cap in the last 6 yrs, have valid duration left on your H1 (total time irrespective of whether it was cap exempt or not).
        Just an opinion; Not legal advice.

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        • #5
          Originally posted by scientist2016 View Post
          All that matters is have you been accounted for in the cap during the past 6 yrs. So, no you need not "go through the lottery again no matter what", as long as you meet all the other criteria, viz., accounted for in the cap in the last 6 yrs, have valid duration left on your H1 (total time irrespective of whether it was cap exempt or not).
          My H1B will end in 2020. SO what happens if now I try to switch jobs from Non Profit Org to Private Consulting Company in 2021, assuming I have my I-140 approved already by 2020 with a priority date.
          Last edited by My2C; 04-24-2019, 02:34 AM.

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