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Immigration Issues/Industry h1b to non profit h1b to Industry h1b

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Question
My wife is on a industry H1b.she finished 2 years in industry h1b.She got offer from non profit h1b.after finishing 2 to 3 years ,Would she able to transfer her non profit h1 to industry h1b under cap exemption?as like regular industry h1b transfer?.I know it is not possible for non profit h1 to industry h1.they need to apply in April and start in october.My wife is initially on industry h1b .So the Case is industry h1b -->Non profit h1b-->industry h1b.

Answer
Hi,

As your wife was at some point within the past six years subject to the H1B visa cap, she will not be subject to the H1B visa cap when the new company (Company C--industry H1B) files an H1B petition for her. However, I do recommend that she wait until the USCIS approves the H1B petition through Co. C before she commences employment with Co. C.

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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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