H1B Non-exempt to exempt and back after I-140


werewolf27

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Hello,

In the last 6 years in the US I have worked for profit making companies and hence was counted against cap. I started in Feb 2007, got an I-140 and have a valid H1-B till July 2014. In Jan 2013 I will be joining a non-profit organization.

I am expecting the non-profit organisation to file an I-140 for me in the near future.

Based on my history below, my questions are

1. In future, say 2015 or beyond, if I wish to join a profit making company again will I be counted against cap?

2. Is there a certain cut-off period until which I will not be counted against cap if I wish to change to non-exempt?

3. Is the following true - Once counted against cap, you will never be counted against cap again as long as you always remain in H1B status regardless of whether you switch between profit and non-profit?

History in chronological order -

1. H1-B term started in Feb 2007.

2. H1-B was first filed by a profit making company and thus went against cap.

3. Changed jobs to another profit making company in 2008 and got I-140 in 2010.

4. Changed jobs again to another profit making company and got an H1-B extension till July 2014 based on previous 1-140.

5. I am about to join a non-profit organization in Jan 2013.

Thanks in advance for the advice!

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