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H-1B transfer from profit to non-profit and back to profit after 6 years on H1B

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  • H-1B transfer from profit to non-profit and back to profit after 6 years on H1B

    I am looking to switch jobs from a non-profit to for-profit company and not quite sure how it would work in my situation. I would really appreciate if I can get some help and insight into this.
    My initial H-1B in 2009 was at a for-profit company and I was counted under the cap. I transferred to a non-profit company in 2013 (within first 6 years of H-1B) that filed my green card application and I have an approved I-140 now.
    Can I switch to a for-profit company now without being subject to the cap? Or will I be subject to the cap again since I have been at a non-profit (cap-exempt) through and beyond my 6 years of H-1B?

    Thanks in advance for your help.

  • #2
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    • #3
      Hi,
      You can transfer H1B from Profit to Non-Profit and back to any time without counting to the quota again. Its doable and you will not have any issues. Beyond 6 years, you will need to have I-140 Approval to extend your H1B validity. Even you can port your priority date too.
      Thanks

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      • #4
        Thank you for your response. I do have I140 with an extended H1B validity as it's been way over 6 years now, does it mean I can transfer from non-profit to profit without being subject to the cap again?

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        • #5
          Hi,
          Yes.. You can transfer your H1B and you can extend your H1B with previously Approved I-140.. For Instance, If you got your I-140 Approval from Profit organization and now you migrated to Non-Profit Organization, With the help of Previous Approved I-140, you can extend H1B beyond 6th year.
          Hope this clarifies.
          Thanks

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