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Non cap H1B to Cap H1B transfer

Immigration 2 views 2 answers
I had following question . I will really appreciate if you could help. I am currently on OPT and working with company who filed my H1b which got approved and will be activated in Oct.I got new opportunity with non profit Organization who is ready to file my H1b under non cab quota. I had following questions 1. If I join non profit organization who will file my H1b and in future if i wish to switch a job with profit organization , will I be able to transfer my H1b from non cap to cap? 2. what will happen to my current H1b if I join non profit organization? 3. If non profit organization files my H1b before I join ..Say before oct what will my current H1b will be canceled? Please let me know the answers. Thank you in advance

Attorney Answers

2
Debra Marti RodriguezImmigration AttorneyCorpus Christi, TX ·
If you decide to work for the non profit under the non cap petition, you will not be able to be counted in the cap for another position. I would see if there is anyway to work the first position first so you can be counted in the future, and then go ahead and change positions. You are able to have 2 H-1B concurrently, although 2 full-time H-1B might not work. I do not believe your current H-1B visa will not be automatically be cancelled. However, since you will not be able to prove that you worked under that particular visa, you may not be able to use it to get under the cap in the future.
0 upvotes
Samuel Berger ·
First, I agree with my colleague. At this time, It would be in your best interest to receive at least one or two paychecks from your already approved H-1B cap position and seek a transfer immediately after unless you plan to make a career in the non-profit world.
0 upvotes

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