Immigration Issues/Amended H1B


Dear Mark,

Currently I'm working for a non-profit organisation on H1B visas (cap expempt) and a new employer (profit organisation) wants to extend an offer but I've to ask my current (non-profit) organisation to file amended H1B visas. Can you please give me insight in this issue, is it feasible or is it risky? I tried to browse internet but could not find anything satisfying, I would be very thankful if you can direct me to a good website where I can get info. about 'amended H1B'.

Thank you!

I am sorry but I do not believe your transfer is possible.  Since you have not been counted against the cap, you can only transfer to another cap exempt employer.  If you want to work for another employer that is subject to the cap then you must file a new H1B and all of the numbers at this time are filled.
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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