Transferring from non-profit H1b to for profit

[pingting43]

Hello! 

 

I'm currently working for a not-for-profit organization on non-profit visa(which didn't go through lottery process). I got another job at a for-profit company and they have applied for a new visa in April and it is approved. I've a few questions on transferring to new visa.

 

1). Since the new visa is a new one and not a typical transfer, will I be able to work with the new company only after October 1st or can I move earlier?

 

2). Will my current h1 is revoked by USCIS as soon as the new I797 is mailed out to future employer? Or current h1 will be active until my current employer requests for cancellation?

 

3). If my current h1 is valid after October 1st, is it possible to work at my current organization until the end of this year and move to new company in new year? I mean, I'll have two h1bs active from October - December - is that legally OK? 

 

PS: I haven't discussed with my future employer whether he is willing to wait until beginning of new year but I wanted to check the legal consequences first before approaching the HR manager there.

[jairichi]

Hello! 

 

I'm currently working for a not-for-profit organization on non-profit visa(which didn't go through lottery process). I got another job at a for-profit company and they have applied for a new visa in April and it is approved. I've a few questions on transferring to new visa.

 

1). Since the new visa is a new one and not a typical transfer, will I be able to work with the new company only after October 1st or can I move earlier?

 

2). Will my current h1 is revoked by USCIS as soon as the new I797 is mailed out to future employer? Or current h1 will be active until my current employer requests for cancellation?

 

3). If my current h1 is valid after October 1st, is it possible to work at my current organization until the end of this year and move to new company in new year? I mean, I'll have two h1bs active from October - December - is that legally OK? 

 

PS: I haven't discussed with my future employer whether he is willing to wait until beginning of new year but I wanted to check the legal consequences first before approaching the HR manager there.

1. Oct 1st.

2. By law current employer has to request USCIS for H1B revocation once you leave.

[pingting43]

thank you very much @jairichi for your reply. If possible, can you please give some advice on my 3rd question. TIA!

[jairichi]

thank you very much @jairichi for your reply. If possible, can you please give some advice on my 3rd question. TIA!

Sorry, I am not sure about the answer for the third one. Wait for other members response or talk to an attorney.