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H1b Transfer From Non Profit To Profit

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H1b Transfer From Non Profit To Profit

Postby Bourke » Mon Dec 05, 2016 12:07 pm

I have a non profit H1b(still working for the university). I need to take a transfer to a profit H1b.Will i be coiunted towards the new 2011 quota and when can i start working for the profit company? I read the below article and it states that if you are still employed at the non-profit company at the time of filing you will not be counted toward the quota. Can you please help me out understand this better.

Thanks in advance.http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998...

At the time of filing of a concurrent employment H-1B petition that is subject to the numerical limitation of 214(g)(1)(a): a. If the H-1B alien beneficiary has not “ceased” to be employed in a cap-exempt position pursuant to INA § 214(g)(5)(A) and(B), then he or she will not be counted towards the cap.
Bourke
 
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H1b Transfer From Non Profit To Profit

Postby Murtaugh » Mon Dec 05, 2016 12:59 pm

I have a non profit H1b(still working for the university). I need to take a transfer to a profit H1b.Will i be coiunted towards the new 2011 quota and when can i start working for the profit company? I read the below article and it states that if you are still employed at the non-profit company at the time of filing you will not be counted toward the quota. Can you please help me out understand this better.

Thanks in advance.http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998

At the time of filing of a concurrent employment H-1B petition that is subject to the numerical limitation of 214(g)(1)(a): a. If the H-1B alien beneficiary has not “ceased” to be employed in a cap-exempt position pursuant to INA § 214(g)(5)(A) and(B), then he or she will not be counted towards the cap.
Murtaugh
 
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H1b Transfer From Non Profit To Profit

Postby Oengus » Fri Dec 09, 2016 4:39 am

Hi,

If you will continue to work for both the non-profit as well as for the for-profit company(concurrent employment, in other words), you will not be subject to the visa cap.

If you plan on resigning from the non-profit when you start working for the for-profit company, you will be subject to the visa cap. In this scenario, the employment start date noted on the H1B petition filed by the for the for-profit company should be Oct. 01, 2011(as you are subject to the visa cap). We cannot add any additional guidance to this scenario, as there is simply not much precedent.
Oengus
 
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Joined: Tue Feb 25, 2014 4:44 pm


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