All H1 to H4/H4 to H1 posts here

[bishwas123]

Hi everyone,

My friend is filing H1B visa from his employer which is a non profit organization. However since he is the only one that organization has ever filed H1B and according to him that his employer is only filing BCIS form I-129.

Dont the non-profit organizations have to follow the regular procedures? Of what I know these are the procedures for filing H1B.

1. Wage Verification
2. Filing Labor Certification Application (LCA)---Form ETA 9035
3. Approval of LCA----hard copy sent to the employer
4. Employer posts notices
5. Filing H1B visa petition, Form I-129
6. Waiting for approval.

His employer filing I-129 straight way, without following the other procedures, I was curious that things are done a little different for non-profit organizations- are they?

Is there a difference in procedure (except for the $ 1000 fee) of filing h1b between profit and non-profit organizations?

Any suggestion in this matter would be greatly appreciated.

Thank you

[vroapp]

It's all the same.

[bishwas123]

Thanks so much

regards

[masterji]

I think academic/non profit organizations do not have any quota limit. They can file the petition whenever they want. Please correct me if I am wrong.

[Munshi75]

you are correct, those petitions from academia/non-profit are not counted against the cap, also they enjoy the benefit of being able to start working as soon as it get approved as against the other H1b where u have to wait till october if you are filing for the first time.

[awi_ok]

Hello,

They may have done the prevailing wage (DOL website has this info) and LCA online. Employer can do their LCA online and get answer/approval within minutes. Once the approval is signed, I-129 can be filed on the same day. My employer did these things when they filed my H1B (I got it 5/6 months later).

Hope that helps,

T.

[kghoshal]

I have question whether Non-Profit organization can file GC?
Which company/Organization comes under non-profit organization?
Please reply at your own time.

[bishwas123]

Thank you all for your timely insight, it was really helpful and i really appreciate it.

One more thing along the same lines, what will happen if my friend gets his H-1B through non-profit organization and will want to move to a profit organization? Will he have to again wait untill the regular quotas kick in? In other words can he simply transfer his H-1B to a profit organization at any time of the year regardless of the availability H-1B visas in the numbered-cap/quota system? Thanking in advance,


regards

[InTheMoment]

Non-profit organizations are exempt from the H-1B quota. Such organizations get a certification of non-profit status from the IRS. Examples include non-profit hospitals, universities, government research agencies etc. You may have to check with the institution of their status before assuming them to be non-profit for immigration purposes.

Since they are exempt from the quota, the expediency to file for H1-B by April 2, 2007 does not apply to them.

Yes, they definitely can apply for GC for an employee of theirs.

[bishwas123]

Thank you all for your timely insight, it was really helpful and i really appreciate it.

One more thing along the same lines, what will happen if my friend gets his H-1B through non-profit organization and will want to move to a profit organization? Will he have to again wait untill the regular quotas kick in? In other words can he simply transfer his H-1B to a profit organization at any time of the year regardless of the availability H-1B visas in the numbered-cap/quota system? Thanking in advance,


regards

[amsgc]

Hi!

My friend (in the US, on J1, no HRR) has been offered a position with a Non profit organization. They do not have experience with H1b process and want her to tell them about the process, and how she can work here legally (starting June).

I understand that she will not fall under the quota and does not have to wait till Oct 1st. Can someone please provide information (some links) on the following:

1) Can one do premium processing for H1b (first time for her), even though it is a non profit organization? Or is premium processing only for cases that fall under the cap?

2) I noticed that the fee is:
- 190 for application
- 500 for fraud security
- 750 or 1500 depending on whether there are 25 or more employees
- $1000 premium processsing
- $$$ for the lawyer to prepare and file the petition

Is it required by law that all the application fees be paid by the Employer, or can it also be paid by the beneficiary? I understand that the permium processing fee can be paid by the beneficiary, and perhaps the lawyer fees too.

3) Does the employer need to get any certifications/approvals from the Labor department before filing for H1B?

4) Can the entire process by done online?

I will really appreciate it someone could help with answers to these questions.

Thanks.

[sanan]

My wife is presently volunteering for a non profit.
Does the H1b for non profit have the same requirements as in 4 year degree? Or three year degree with a work experience? What if the job does not require advanced degree?

[amsgc]

Hi,

I am wondering if someone could please clarfiy whether the beneficiary can pay the fee for the H1 B petition and the fee for the lawyer involved in filing the petition.

It will be very helpful if you could please cite an official USCIS document.

Thank you.

[amsgc]

Hi Macaca,

Thanks Macaca, I appreciate your response.

[dilbert_cal]

IV is non-profit organisation. If IV hires a H1B holder, it wont fall under the cap. ( Provided IV qualifies as non-profit for the sake of H1Bs )

The above is just a thought :-) Dont start PMing logiclife to sponsor your H1s :-)