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Immigration Issues/H1b to Green card through a for profit but working in a not for profit organization?

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Question
I am currently a medical resident on H1b not under the cap going to be done with residency June 2009 and now applying for a job aferwards, my question is about a job I liked with a private for profit group of physicians but they are going to have me work as a hospitalist from 2009 July for a year or 2, but I will work in a not for profit organization, and my question is can I be not under the cap just for being working in a not for profit organization depsite the fact that they are private for profit organization?
thank you a million for you highly appreciated help

Answer
Hi Basem,

Unfortunately, in the scenario described you would be subject to the visa cap, and therefore the earliest that an H1B petition can be filed through the for-profit organization will be April 01, 2009 with employment date of October 01, 2009.

Hypothetically speaking, if your employment through the for-profit was concurrent employment (you were going to continue working for the nonprofit organization), then you would not have been subject to the visa cap. However, since your scenario does not involve concurrent employment, the H1B petition through the for-profit organization is subject to the visa cap.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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