My H1B was approved through a nonprofit organization. Would it be possible for me to now transfer to a regular, for-profit company?23 Jan 2017
It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the H1B worker was sponsored for a cap-exempt position (and was never otherwise counted against the H1B cap), that person typically could move only to a cap-subject H1B employer if a petition is filed in the H1B lottery or through concurrent employment. More details on this topic are available in the January 14, 2013, MurthyDotCom NewsBrief, Moving from Cap-Exempt to Cap-Subject H1B. (23.Jan.2017)
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 © 2017, MURTHY LAW FIRM. All Rights Reserved