Is an H1B applied for in April 2014, to work at a nonprofit company, easily transferable to a for-profit company? Or must I wait to change jobs until October 2015?

Answer

First, it is important to understand whether the first case is for a cap-exempt employer; not all nonprofits are cap exempt. If the employer is not cap exempt (perhaps, that is why they are filing in April), there is no issue. If the employer IS cap exempt, and you have not previously been counted against the cap, then the cap is an issue if trying to change to cap subject. It would be best to set a consultation – there is a loophole that may help. (24.Mar.2014)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.