Non Profit H-1B filing issues

[gowin]

Hello,

I am desperate to know if someone can advise me on my situation,so that I can take a wise decision.

I am currently working for a non-profit company as a full time employee on OPT which expires in June 2013. Still being a non-profit company, they agreed and tried to apply H-1B for me this year upon my request, under cap-subject masters category and unfortunately the quota filled up fast this year and couldn't secure H-1B.

My only chance of securing the H-1B under cap-subject masters category is next year when new quota opens in April 2013.I prefer not to take the hassle by applying my first H-1B in non-profit cap-exempt category, as it will be tough if I have to switch employer in future. I.e H-1B transfer from Non-Profit to Profit.

I am thinking of following ways, but I need some advice here.

1: My current non-profit company agreed to file for my H-1B next year in Masters category. They will be filing the H-1B in cap-subject masters category for the first time, as they have filed all other H-1B's in the past under cap-exempt category. What are the chances that my H-1B application is approved in this case, as there might be a chance USCIS question my employer, why the H-1B is filed in cap-subject masters category and all the rest are filed under cap-exempt in the past?

2: If for the above case, the result is known by April 30th, 2013 and the decision is rejected in the first attempt, Would I still be able to file my H-1B in May 2013 under cap-exempt category in premium process with a start date from June 10th, 2013, as my company is still non-profit ? What are the chances in securing the H-1B in this case, as it would be my second attempt in subsequent month, but under different category.

3: In Case-2, if the H-1B decision is in pending or approved under non-profit category but with a start date later than June 10th, 2013 (OPT expires), Would I still be eligible for cap-gap OPT extension until that H-1B start date given by USCIS, for filing in non-profit category ? (Just like the way Cap-gap OPT extension till October 1st 2013, but in this case it would be sometime soon in July, so cap-gap extension is from Mid June to July)

4: If in case-2, my H-1B is rejected in second attempt even under non-profit category, what are my other options ?

5: Is it a wise option to change the job this year itself and find an for-profit employer who can file my H-1B next year in April 2013 under masters category ?

Thank you in advance for your help. I am in desperate need of your advice.

[JoeF]

Hmm, do they fall in the cap-exempt categories, i.e., universities, non-profit research institutions affiliated with a university, or government research institutions?

If so, they can only file as cap-exempt.