Immigration Issues/H1 B transfer

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Question
Hello expert, Please answer my questions. Right now I'm working for a non profit company (State Job) on my OPT (F1 Visa).

1. If I apply for H1b visa with a non profit company in for example in Feb or March 2010. And later on, if i want to switch to any Profit company. Can i transfer my visa or do i need to apply for new?

2. If apply for new, can I keep working for my current employer ( non profit ) until I start work for profit company in October 1 2010 ?

3.If I decide not to work with the profit company( just in case ) after my H1b visa gets approved, can I still keep continue to work with my current employer ?

4. Last, is there anyway that I can just Transfer from Non profit to profit company instead applying for new H1b ?

Any help will be appreciated.

Answer
Hi,

If a company which is not subject to the visa cap (such as a non-profit research company, or a university or college) files H1B petition for you, you will continue to be subject to the visa cap in the future, unless the new company is also exempt from the visa cap.

Since H1B status is employer specific, you can work for a company only if it successfully files an H1B petition for you, unless you have independent employment authorization such as OPT.

If your H1B petition is approved granting you change of status, you are no longer in F1 status (and thus lose your OPT immediately, which cannot be recovered) and must then work for the H1B employer in order to maintain your nonimmigrant status in the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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