H1B Transfer ( Cap-Subject to Cap-Exempt) I-140 Approved

[abhay7963]

I am currently into my 5th year of H1B with Profit Organization and last year I got H1B extension which is valid till July 2017. ((My I-140 is approved and Priority date is Aug-2011 under EB2 Category). 

 

I got an offer from non-profit organization.

 

Before I take any decision, Can anyone please help me with the following questions? 

 

1) When I transfer to the non-profit organization, My H1B will be transferred based on my current I-140? or It will be a new Non-Exempt H1B petition?

 

2) If its a Transfer, Will I be able to get the Priority Date porting if non-profit organization starts my Green Card process.

 

3) And, If for some reason the non-profit organization could not start my Green Card process, Will I be able to get back to the same or some other profit organization assuming that my I-140 is still valid with my first Non-Profit organization or I will to go through lottery process again?

 

 

 

Regards

Abhi

[jairichi]

1. Based on your approved I-140.

2. Not for sure. You need to ask an attorney.

3. Only if your I-140 is not revoked and employer is willing to take you back by filing a cap exempt H1B petition.

[abhay7963]

Thanks for the valuable information provided. Could you also please explain me the the Priority date retention policy? does this help me in anyway?

[jairichi]

It helps you to file an I485 when the date becomes current rather than using the new priority date.