EB2-NIW PD 2010. H1B extension question. status of employer changed from non-profit to for-profit.


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I have an approved EB2-NIW, with PD Nov 2010. I am working on H1B which is due for a second term 3 -year renewal in 2015. My employer's status recently changed from non-profit to a for-profit. As far as I understand, this should not affect my H1B renewal because I am "protected" by the approved I-140, which would let me renew my H1B for 3-year terms until PD is current. However, my employer's attorney is not very sure of that. Is it going to affect my H-1B renewal? Does my employer have to file for a fresh H1B because of its changed tax status (I mean first-time application, and not a renewal)? Will I fall under H1B cap? Suggestions please.

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