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Immigration Issues/H-1 transfer from profit to non-profit and vice versa

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Question
Dear Mr. Krishnan,

I am a recent Ph.D. graduate currently on OPT from Oct 07 - Sept 08. I have an approved H-1 B from a private software company-A(profit organization)with start date of Oct 01, 08. I recently received an opportunity from a non profit company-B to work for them. They are willing to sponsor H-1B (non profit).
Question 1: If I accept employment from Company-B before Oct 08, would I be able to shift to another profit company in future? If so will I just need a transfer as I have already been counted against the quota for profit H-1Bs or do I need to apply for H-1 B (profit)once again.

Question -2: Since I am a Ph.D. graduate will you be willing to take a look at my credentials to see if I qualify for NIW?

Answer
Ranjeeth,
All non-profits are not exempt from the H-1B quota. Also since you have already been counted towards the H-1B quota you should have no problems moving from non cap to cap or cap to noncap organizations.

To evaluate your case for filing under the NIW, you need to email me your resume listing your publications, presentations, awards...to  ram@ashleykrishnan.com

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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