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sganesh02

Non profit to Profit H1B - Its Catch 22! - Please advice

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I work for a non-profit organization with a non-profit/cap-exempt H1B visa.

I want to switch to a industry position and the the new employer will have to file a cap-subject H1B petition against the quota, and I can start working only on October 2012 after the petition is approved.

I was thinking of starting to look for potential job offers from June 2012 because it felt like a reasonable time frame since I can start working only in October. I dont think any employer would wait till October for me to start working, if, for example, I applied for the job in April 2012 or before. BUT the visa numbers are vanishing, and I am not optimisitc that anything will be left after June 2012...

I feel I am trapped in a Catch 22 situation where if I look for jobs early then I wont get anything because I can start working only in October. and If I look for jobs at a reasonable time before October, then the Visas are not available.

Does anybody have an advise about what I should do to move to Industry ?

Has anybody dealt with this situation before ? any advise is much appreciated.

Thanks

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I work for a non-profit organization with a non-profit/cap-exempt H1B visa.

I want to switch to a industry position and the the new employer will have to file a cap-subject H1B petition against the quota, and I can start working only on October 2012 after the petition is approved.

I was thinking of starting to look for potential job offers from June 2012

Huh? You have a job offer, from the for-profit company.

If the company is a consulting company, it is their task to find projects for you.

ANd it is in their best interest to do so, since come Oct. 1, they have to pay you, even if they don't have a project for you.

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Keep searching an employer who can wait for you till Oct 1st. That's the only way what I think. ATB.

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Generally, there are some limited exceptions which allow a cap exempt beneficiary to begin working with the cap subject employer prior to the requested October 1 start date. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether any of these exceptions, such as concurrent employment, would work in your situation.

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Thanks!

I dont yet have an offer, just started applying for some jobs.

I was applying earlier in January 2012 without properly checking the quota numbers and one of the employer/interviewer asked me if I knew that the quota was all over in Nov 2011, and that I cant really transfer easily. So I was waiting, and just started applying....lesson learnt!

I still have 4.5 years on H1B, but I am feeling stuck as Non Profit is not in my long term goals.

I am planning to consult an Attorney, I wont have the option of concurrent employment if I do get a job offer. (I think the other option in such scenario is to start working once the petition is filed according to AC21 portability and stop when its approved to resume in Oct. the very premise sounds so complicated and diffcult ;-) ..well )

@wiweq: thanks! that seems to be the only option. I am already late at the rate at which Visa numbers are going, should have worked on that earlier.

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I work for a non-profit organization with a non-profit/cap-exempt H1B visa.

I want to switch to a industry position and the the new employer will have to file a cap-subject H1B petition against the quota, and I can start working only on October 2012 after the petition is approved.

I was thinking of starting to look for potential job offers from June 2012 because it felt like a reasonable time frame since I can start working only in October. I dont think any employer would wait till October for me to start working, if, for example, I applied for the job in April 2012 or before. BUT the visa numbers are vanishing, and I am not optimisitc that anything will be left after June 2012...

I feel I am trapped in a Catch 22 situation where if I look for jobs early then I wont get anything because I can start working only in October. and If I look for jobs at a reasonable time before October, then the Visas are not available.

Does anybody have an advise about what I should do to move to Industry ?

Has anybody dealt with this situation before ? any advise is much appreciated.

Thanks

Having seen many of my friends go through same catch 22 situation, my sympathies to you. Situation is some what improved compared to previous years when all cap subject H1 were exhausted in first week of April. Just because of same reason (as yours), couple of my friends got stuck in low paying acadmic (non-profit) jobs. Many of them (have couple of years of experience after PhD) stuck in `postdoc' position with earning around $30k-$40k for many years (while just a recent undergrad comes on H1 in tech field and earns $65k+.)

Not that it may work, you want to keep trying for an employer willing to wait to you till October- or, try O1 visa (its requirements are close to EB1-OR). Good luck.

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@sganesh_ Hi am also in the same situation. I also got stuck with catch 22.. Even worst for me. Since my current visa is only valid until end of 2012. I was wondering what to do.. If u have any idea or suggestion let me know ..can reach me at sheraboyz@gmail.com.. if i know something..i will contact you

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@sganesh_ Hi am also in the same situation. I also got stuck with catch 22.. Even worst for me. Since my current visa is only valid until end of 2012. I was wondering what to do.. If u have any idea or suggestion let me know ..can reach me at sheraboyz at g-mail. if i know something..i will contact you

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I have been talking to a couple of companies over these months intersted in hiring me, but the catch 22 problem of April -> October persists as it comes across as too big a gap.

One recruiter was really surprised that such a situation can even exist and said that not too many people are aware of these conditions. He asked me to appeal to the goverment or write a letter (the most I can do apart from applying or jobs) appealing to redress this catch 22 situation for people with cap-exempt visas.

Anybody have suggestion on how I can go about this ?

Should I work with an attorney on drafting a letter ?

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One recruiter was really surprised that such a situation can even exist and said that not too many people are aware of these conditions. He asked me to appeal to the goverment or write a letter (the most I can do apart from applying or jobs) appealing to redress this catch 22 situation for people with cap-exempt visas.

Anybody have suggestion on how I can go about this ?

Should I work with an attorney on drafting a letter ?

Such a letter would not accomplish anything.

This is in the law, so to address it, the law would have to be changed. That's not done with a letter.

Companies that have experience hiring people on H1 do know about these things.

The quota doesn't always fill quickly. And even if it fills quickly, increasing the quota has lots of hurdles. The last time the quota was increased was during the dot-com years in the late 1990s.

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Did anyone find any solution? I am also stuck in this situation remained with 5 more months. Feeling guilty for not educate myself before

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