Flaw in Non-Profit H1-B


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Given H1B trend these days, some websites preditct the 85,000 visas will be consumed by July-August.

If one is on H1-B working for a non-profit organization, and wants to switch to for-profit, they need to wait until Oct. 1st of that FY to start new employment.

Isnt this a flaw in H1-B process? The ones on OPT are better off since their OPT is automatically extended once they get an employment letter. But in non-profit case, no for-profit employer is going to wait until Oct 1st !!! Its like being stuck with non-profit.

Isnt this a flaw?

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Given H1B trend these days, some websites preditct the 85,000 visas will be consumed by July-August.

If one is on H1-B working for a non-profit organization, and wants to switch to for-profit, they need to wait until Oct. 1st of that FY to start new employment.

Isnt this a flaw in H1-B process?

No, why?

The quota could be open until way after October. It was in the last couple of years.

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JoeF, I hope you are right. But for discussion sake, lets say cap were to fill up before October 1st. Isn't that a flaw for non-profit workers who want to switch?

There still wouldn't be any flaw. When the quotas get filled can change from year to year. The laws stay the same.

And people who work for a non-profit can continue to work for the non-profit until an H1 under the quota that another employer filed kicks in.

This, btw, is the same situation that people find themselves in who are not in the US.

It is just one of the rules of the H1. The US government and the law are not responsible for how quick the quotas get filled, and the laws don't change just because in some years thatere are more H1 applications than in others.

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And people who work for a non-profit can continue to work for the non-profit until an H1 under the quota that another employer filed kicks in.

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The "can continue" is a big assumption here. What if the non-profit employer no longer wants to employ the person, but a for-profit is ready to employ AND the quota is still available. Despite these 3 facts, you cannot switch because start date is Oct 1st and for-profit can't wait until then. Flaw ! :)

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The "can continue" is a big assumption here. What if the non-profit employer no longer wants to employ the person, but a for-profit is ready to employ AND the quota is still available. Despite these 3 facts, you cannot switch because start date is Oct 1st and for-profit can't wait until then. Flaw ! :)

That still is not a flaw.

Employment in the US is at will. Everybody, including Americans, can be fired at any time.

There is no guarantee for anything in life.

It is a person's own decision to accept employment with a quota-exempt employer.

Just as it is a person's own decision to change employment to a non-exempt employer. The person knows the limitations beforehand, and as an educated person, should be able to make an informed decision.

Whining about it later is useless.

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If a non-profit person does not want a person, he should go back. That is it. If another firm wants to hire, then he should follow all the rules and laws of H1B. Please do not compare with OPT, which is given to US university students, who come here to study and need special treatment. In my opinion, there should not be any requirement for EB2/EB3, There should be only EB1 or Catagory of US degree holders. In this way locals will not get effceted as PERM would not be required, which is actually a time wasting process.

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The person knows the limitations beforehand, and as an educated person, should be able to make an informed decision.

Whining about it later is useless.

JoeF, do you really think a fresh graduate who is dying to get an employer before OPT ends understands each and every immigration law that might affect him 4-5 years down the road. I mean...really? And about whining, most of us DO whine, about one aspect or another of H1-B or PERM or slow movement of priority dates etc. I dont think you have been through all this. If the Congress is ready to acknowledge that "its" broken, why are immigration folks trying to defend "it"? Do you really think H1-B is perfect and there will be no change whatsoever in H1-B in coming years? Do you think the fortune 500 will agree with you?

If a non-profit person does not want a person, he should go back. That is it.

Are you willing to hire this person with same or similar salary? I'd actually love to go back if there was a job waiting for me in/near my hometown, not 1000 miles away.

There should be only EB1 or Catagory of US degree holders. In this way locals will not get effceted as PERM would not be required, which is actually a time wasting process.

US degree holders will not affect locals? I have a US masters degree but since I'm in EB3, I kind of DO affect locals.
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JoeF, do you really think a fresh graduate who is dying to get an employer before OPT ends understands each and every immigration law that might affect him 4-5 years down the road. I mean...really?

Yes. Such a person is an adult. Even more, an adult in a foreign country, which makes it even more important to know the rules of that country.

Oh, and when the person got the F1, the person claimed to return to his or her home country. So, why would the person be "dying to get an employer"?

And about whining, most of us DO whine, about one aspect or another of H1-B or PERM or slow movement of priority dates etc. I dont think you have been through all this.

Yes, I have. I actually had to leave the country because my H1 ran out before my I-140 was approved. No 7-th+ year H1 back then.

So, please don't try to lecture me about these things...

And please stop the whining.

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If you have a master degree and EB3 then why you are comparing with OPT which is given to students only for a limited time? . I am unable to follow your question. If it is changing from one H1 category to another H1 then it is same for every one?.

Having US degree makes you a local Thats why they offer you OPT for try out and get a job. If you did not opt for OPT that is your decision

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JoeF, just so we are clear on the topic, we are debating about the correctness about a particular scenario in H1-B, which I claim is a flaw. Debating.

So your whining and lecturing claims are little off the topic in my opinion. Not necessary. Side tracking. Let's come up with some solid argument if you are defending this clause. Like "THIS is why its correct"

Ok. So your location says Southern California, but you were sent back after 6 years of H1B. "No 7th year back then"

But the rule has changed. Do you think this is a wise adjustment to the 6 year rule because of circumstantial evidence? Do you think similar adjustments can be applied to other rules in H1B? I mean, think with a cool head.

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JoeF, just so we are clear on the topic, we are debating about the correctness about a particular scenario in H1-B, which I claim is a flaw. Debating.

What you claim is irrelevant. You can whine all day long, you have no input into the rules. It is not a flaw. Period. End of story.

Be happy that there even is a way to get cap-exempt H1s.

The H1 is under constant threat to be eliminated altogether, due to blatant abuse, e.g., from shady consulting companies and the people who sign up with them.

Stop the whining.

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  • 7 months later...

Can someone please provide more details on the Concurrent Employment section mentioned in this murthy.com article:

What does "...may obtain approval of a cap-subject H1B petition..." really mean in the article? Does it mean

  • employer does not have to wait until October 1st to get the employee start for-profit work?
  • employee can switch exclusively to for-profit employers and leave non-profit job as soon as approval comes?
  • cap needs to be available for concurrent filing?

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Can anyone clarify if the start date would only be October 1st when moving from Cap exempt to Cap subject employer on H1B status?

For an H1 filed under the quota the start date can only be the first day of the fiscal year or later. That means Oct. 1 or later (the US fiscal year starts on Oct. 1.)

That's the law.

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