H1-b cap exempt to H1-b for profit

[retz]

I was working under H1-b non profit organization under H1-b cap exempt, currently I came back to my country almost 1 year ago,I still have the h1-b cap exempt time period left from the previous employer.

I have found a new employer but for profit , can the new employer use the unused time of my H1-b cap exempt visa and file under cap exempt and get a new H1-b or do they have to file under April H1-b quota for a new H1-b for me to work.

[JoeF]

Since you haven't been counted in the quota the new employer would have to file an H1 in next year's quota for a start date of Oct. 1, 2020.

[retz]

Thankyou for the reply but my question was can the for profit employer use my unused time of H1-b and file the H1-b or it has to be all over again.

 

[gopalakrishnach]

I guess non profit H1b cannot be transferred for profit H1B. You must start all over again. I may be wrong.

[JoeF]

On 6/8/2019 at 3:04 AM, retz said:

Thankyou for the reply but my question was can the for profit employer use my unused time of H1-b and file the H1-b or it has to be all over again.

 

The unused time can be used, but ONLY after the new employer files an H1 in the quota. The start time of that H1 would be Oct. 1 after it has been selected in the quota.

[retz]

But can they file this under cap exempt instead of under the cap( quota)

to use the unused H1-b time since the H1-b was filed initially even though it’s for profit company

[JoeF]

11 hours ago, retz said:

But can they file this under cap exempt instead of under the cap( quota)

No they can NOT. That is what I have told you from the start. What part of "Since you haven't been counted in the quota the new employer would have to file an H1 in next year's quota" did you not understand?