There must be a lot of you out there having just one question going in mind as to how to convert cap-exempt H1B to cap non-exempt H1B. There might be various reasons why you must be looking for this information all around the internet to get the best answer you need. Do you want to look at it from my kind of view? If yes, then read this.
At first place, I am not a lawyer or any such authority to boast pertinent information in this context. My opinions are based on what I have encountered and what I have heard from my friends and relatives. Conversion of cap-exempt H1B to cap non-exempt H1B has been a topic of great debate for the immigrants working in United States.
People come across at certain situations where they require conversion of cap-exempt H1B to cap non-exempt H1B. In such cases people start working for non- profit organizations as they have uncapped H1B quota for their employees and quite easy to get on work permit in Unites States and later on as soon as they find some good profit opportunity they want to switch to the profit world for sure. Here is where they need conversion of cap-exempt H1B to cap non-exempt H1B.
The key information regarding this is that mostly H-1B cap exempt (University/Nonprofit H-1B) is non-conversional to a profitable organization.
We can put this short as, H-1B cap exempt is NOT Transferable. Even though you would want to move to a new non-profit organization or file under cap non-exempt H-1B, you still need to file a new H-1B. So, such a thing can only be done if you get a new employer (for profit organization) who is ready to file H-1B.This employer should file H-1B on either April 1st or at a later date (depending upon the cap numbers available at that point of time) with a starting date of October 1st .During this time one can still work for the old non-profit employer until September 31 but, if you decide to join your new employer on October 1st then you should file for a concurrent H-1B Visa.
However, there are certain specific conditions under which conversion of cap-exempt H1B to cap non-exempt H1B do take place but such chances are very situational and definitely need a qualified attorney who may guide you in the process.
At last, I would say that unless your new profit organization is filing a H1B for you it is very difficult to imagine such a conversion of cap-exempt H1B to cap non-exempt H1B. Please let us know your feedback on how we are doing by writing us to [email protected]
If you want to transfer from one non-profit organization to another non-profit organization, H1b can be filed by the new employer any time of the year and start working from the approval date. You DO NOT need to wait until April 1st for filing H1b and also NO NEED to wait until Oct 1st to start working. I’m saying this from my personal experience.
Hi Chanda, could I possibly send you a private email to elaborate on this situation? I am currently in the process of getting a job offer from a for profit major corporation, but I work at a university right now. Please send me your email or send me a quick note to [email protected] so that I can hear more about your situation. Thanks.
I have an offer from some small consulting firm from US, lets refer
it as AA. They had filed my H1b visa this may 2013 ( through the lottery
h1b process ). My H1b I129 petition is approved USCIS and i am now only
left with stamping from the counsulate. I do not want to stamp their
visa as I do not want to join this company.
I have another offer from some non profit organization/university,
let us refer it as BB. As this is a non profit organization they do not
have to go through lottery process, they have also filed a H1B visa for
me just a week back as this is a non capped h1b. I want to get their
visa stamped and I want to join this company.
Now my question is
Once i join BB, than in future can i
change from a non-profit organization to a profit organization? As you
know the BB company’s filed h1b visa cannot be transferred as it is non
capped. As my AA’s petiiton is already capped and approved can i use the
same petition to do a h1b visa transfer from BB to some profit
organization ( like AA but not AA )?
I am a bit confused here, can somebody clarify this in detail here?