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 2017Answer
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)
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