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Immigration Issues/H-1B Transfer from Non-Profit to for-Profit


I recently graduated with my MBA from US and joined a non-profit in their Project management office. My H-1B visa was filed with receipt date of 21st April and was approved on 24th with premium processing. If I need to take a new job in future with a for-profit will I be able to just transfer as this year the 20,000 Master's degree Exempt filled up on 30th April and I would have anyways received the visa if I worked for a for-profit. Is this master's degree exemption only valid two years after I graduate ?

I feel that the USCIS will not allow to transfer under your current situation.  The general rule is if you have not been counted against the cap then you cannot transfer your H to an employer that is not cap exempt.
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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