h1b visa transfer query...


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I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate.  I do not want to join this company.
 
I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not ahve to go through lottery process, they have also filed a H1B visa for me just a week back as this is a non capped h1b.  I want to join this company.

Now my question is

Once i join BB, than in future can i change from a non-profit organization to a profit organization? As you know the BB company's filed h1b visa cannot be transferred as it is non capped.  As my AA's petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )?
I am a bit confused here, can somebody clarify this in detail here?
 

 
 

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The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt. However, we have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued.

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Hi Attorney_11, 

 

    Thanks for your reply. If possible, Can you explain in more detail what you meant above with an example?

    I am unable to understand what you are trying to say.

 

     Actually i am a first time applicant, and will be travelling to US for the first time. 

    Thanks for your help in advance

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