H1B Transfer from Non Profit to Profit

[ragkal]

Hi,

 

I have H1-B visa from my current employer which is non profit organization. I got an offer from a profit employer XX, applied H1 in 2013 and approved. I am going to join employer XX in October 2013. Mean while, I got another offer from other profit employer YY.

 

My question is,

 

1) Can i join employer YY directly, as my H1 has been picked up in the quota this year.

or

2) Do i have to join employer XX and work for them for few months, then make a transfer to employer YY?

[jairichi]

Hi,

 

I have H1-B visa from my current employer which is non profit organization. I got an offer from a profit employer XX, applied H1 in 2013 and approved. I am going to join employer XX in October 2013. Mean while, I got another offer from other profit employer YY.

 

My question is,

 

1) Can i join employer YY directly, as my H1 has been picked up in the quota this year.

or

2) Do i have to join employer XX and work for them for few months, then make a transfer to employer YY?

(1 & 2) I believe you are still working for your current employer. Your new employer YY has to file a cap exempt H1B petition and upon approval you can join new employer YY.

[ragkal]

@jairichi,

 

I am still working for my current employer.

 

Can you tell me if i can use my employer XX petition( as it is approved with cap exempt) to transfer to employer YY,  if i opt to join employer YY after October 2013.

 

 

 

 

 

[jairichi]

 

@jairichi,

 

I am still working for my current employer.

 

Can you tell me if i can use my employer XX petition( as it is approved with cap exempt) to transfer to employer YY,  if i opt to join employer YY after October 2013.

 

 

 

 

 

 

Wait a minute. How come your employer XX petition is approved as cap exempt? You are working now for a non-profit organization which does not come under cap. When employer XX (profit making company) has filed a H1B petition for you then it should be subject to cap. Can you clarify this?

[ragkal]

@jairichi,

 

My current employer(AA) is different from Employer XX. Employer XX has applied my H1-b in april 2013(cap) and got approved.

Hope this clarifies.

[jairichi]

@jairichi,

 

My current employer(AA) is different from Employer XX. Employer XX has applied my H1-b in april 2013(cap) and got approved.

Hope this clarifies.

@ragkal

 

Got it. With the approved I797 from employer XX you could ask your employer YY to file a cap exempt petition and upon approval you can begin to work for  employer YY.

[ragkal]

Thank You @jairichi for the reply.