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I am in H1B status, working for a nonprofit organization. Can I transfer to a for-profit employer?

04 Feb 2019
Posted at 08:38h in FAQs, For Employers, For Individuals, Worker by

Answer

The most likely potential issue here would be the H1B “cap.” Some nonprofits are cap-exempt. If the H1B petition filed by the nonprofit was filed as cap-exempt, and the beneficiary has never otherwise been counted against the H1B cap, it is very likely that the H1B petition filed by the for-profit company would have to go through the H1B lottery. On the other hand, if the beneficiary has been counted against the H1B cap, this typically would mean that the for-profit company could file a standard H1B change-of-employer petition. (04.Feb.2019)

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