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Immigration Issues/Non profit H1B TO Profit H1-B

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Question
Hello,   I am working for a non-profit organization currently and would like a change to profit.My H1-B is currently not under cap. As new cap H1-B quota will start on October 1st, can I change and work for profit organisation from July or before October? Does non-profit H1-b also comes under portability of H1-b transfer? Will really appreciate your help.  Thank

Answer
Hi Ramesh,

You will be subject to the cap if you transfer H-1B to a for-profit organization (unless it is an educational institution).

The H-1B petition will be filed by the for-profit requesting start date of October 01, 2006. You will be granted permission to be employed by the for-profit on October 01 (not earlier than October 01). The for-profit should file within the next couple of weeks to be sure that you are within the visa cap. I recommend that you continue to employed by the non-profit until at least the end of September.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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