H1B transfer between for-profit and non-profit organizations

[Lvbu]

Hi,

 

      I am working on a for-profit organization, and I am on OPT until Aug 8th. My H1B was approved just a few days ago (effective from Oct 1st). I might receive an offer from a non-profit organization, and the starting time for this firm will be Aug 18th 2015.

 

       I have a few questions:

      

      (1) If I receive and decide to accept the offer from the non-profit organization, do I need to transfer my for-profit H1B to a non-profit H1B visa even if the approved H1B is not effective?

 

      (2) If I will work for this non-profit firm and move back to another for-profit organization one year later, do I need to count against the cap when applying H1B? I understand that from form I 129, we are allowed to CAP exempt if we were granted an H1B that is counted against CAP in past 6 years. However, in my case, my for-profit H1B will not be effective when I join the non-profit organization. I was wondering whether I have to go through the lottery if I have to go back to a for-profit organization one year later.

 

Thanks! 

 

       

[jairichi]

1. New employer has to file a cap exempt H1B petition and based on approval you can start working on H1B. You risk for proft employer revoking your approved H1B petition. If that happens before Oct 1st then you need to go under cap as you will be considered as nevercap counted.

2. Refer 1.