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Immigration Issues/H1b transfer from Non profit to profit

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Question
I have a non profit H1b(still working for the university). I need to take a transfer to a profit H1b.Will i be coiunted towards the new 2011 quota and when can i start working for the profit company? I read the below article and it states that if you are still employed at the non-profit company at the time of filing you will not be counted toward the quota. Can you please help me out understand this better.
Thanks in advance.


http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998

At the time of filing of a concurrent employment H-1B petition that is subject to the numerical limitation of 214(g)(1)(a):
a. If the H-1B alien beneficiary has not “ceased” to be employed in a cap-exempt position pursuant to INA § 214(g)(5)(A) and (B), then he or she will not be counted towards the cap.

Answer
Hi,

If you will continue to work for both the non-profit as well as for the for-profit company (concurrent employment, in other words), you will not be subject to the visa cap.

If you plan on resigning from the non-profit when you start working for the for-profit company, you will be subject to the visa cap. In this scenario, the employment start date noted on the H1B petition filed by the for the for-profit company should be Oct. 01, 2011 (as you are subject to the visa cap). We cannot add any additional guidance to this scenario, as there is simply not much precedent.

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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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