H1B from Cap exempt with Green card sponsor: Future transfer risks

[Siva_4s]

Hi All,

I am in Europe and I have a potential non-profit employer willing to file a cap exempt H1 together & for a Green card (in a few months after start). Before going forward, I would like to address some concerns about future transitions ( Assuming I'd want to shift jobs in 1.5 to 2 years).

Having read the previous posts I understood the following:

1. To shift to a commercial/Profit based employer, I will need a new H1 application to be filed (when CAP is open) with a start date of OCt 1st.

Risks: Employers normally file for a simple transfer but in my case have to file a new H1, costs them extra plus waiting time

2. It's also not practical to work for a new employer while H1 approval is pending because if new H1 is approved before Oct 1st, I can't stay in US.

The questions I have are :

a) Are the above assumptions correct?

b) Considering that my employer will also file for Green card, will I be able to use something like AC21 portability rule to change employers (does this still need a new H1B filing with waiting? (Sorry am not familiar with these terms so much) .

c) If I CAN use the AC21 (or basically some stage of GC process) to shift, how long does it take to get to that stage?

d) Is there any other way around where I can ensure that I can shift jobs smoothly even when I start out with a cap exempt employer

Regards,

Siva

[JoeF]

1. To shift to a commercial/Profit based employer, I will need a new H1 application to be filed (when CAP is open) with a start date of OCt 1st.

Risks: Employers normally file for a simple transfer but in my case have to file a new H1, costs them extra plus waiting time

A transfer is really also a new H1. So, the only issue that's special here would be the waiting time.

[Siva_4s]

Thanks Joe. What do you think about the options I listed? Would I be able to make a transition at some point in the GC process?