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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 12-07-2006, 10:26 AM
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Default From non-profit to for-profit

Hi,

I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

If I change the employer, will I be subject to H-1 B visa quota restriction?

I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

I would appreciate your advice very much.

Thank you always.
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  #2 (permalink)  
Old 12-07-2006, 10:28 AM
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Default

Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.
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  #3 (permalink)  
Old 12-07-2006, 10:56 AM
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Default

Quote:
Originally Posted by Asian
Hi,

I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

If I change the employer, will I be subject to H-1 B visa quota restriction?

I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

I would appreciate your advice very much.

Thank you always.

You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
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  #4 (permalink)  
Old 12-07-2006, 11:18 AM
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Quote:
Originally Posted by macaca
I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

You should check to make sure.
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
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  #5 (permalink)  
Old 12-07-2006, 12:43 PM
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Default You need to have H1B visa available

Quote:
Originally Posted by Asian
Hi,

I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

If I change the employer, will I be subject to H-1 B visa quota restriction?

I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

I would appreciate your advice very much.

Thank you always.

Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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  #6 (permalink)  
Old 12-07-2006, 02:15 PM
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Asian is on a distinguished road
Default H-1 B fiscal

When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

This is a different question. Is the government job also regarded as cap exempt non profit?

Thank you very much for your help! Our immigration gods bless you!

Best,


Quote:
Originally Posted by pmamp
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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  #7 (permalink)  
Old 12-09-2006, 02:55 PM
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Default H1Bs in non-profits.. not easy to switch

Quote:
Originally Posted by Asian
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

This is a different question. Is the government job also regarded as cap exempt non profit?

Thank you very much for your help! Our immigration gods bless you!

Best,

I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.

I work for an NPO too and here is what i know:

If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.

Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.

As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
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  #8 (permalink)  
Old 12-09-2006, 03:09 PM
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sevenm is on a distinguished road
Default Fiscal year

The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
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