Immigration Issues/h1b question

Advertisement


Question
I just wanted to get your advise on just one immigration question. Here is my condition.

1) I worked for a for profit organisation  and went through the quota to get my H1B visa which started May 2010.
2)  I then switched to a non for profit company and got my H1B petition processed .
3) Now I have a job offer from a for profit company again . Should I have to go through the quota again to switch over to for profit. My understanding is I do not have to go through H1B quota again if I went through it once in 6 years . Am I right in this ? If so can I join the for profit company as soon as I get the receipt of approval form USCIS?

Thank you

Answer
Hi,

As you were counted in the visa cap in the past 6 years, you will not have to worry about the visa cap. The new employer will file its H1B petition anytime and can request immediate employment start date, if desired. Under the H1B portability rules, you can be employed upon the filing of the H1B petition by the new employer requesting "extension of status" if you were maintaining H1B status when the new employer filed its H1B petition.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.