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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24566
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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H1B from Non Profit organization to profit organization

Customer Question

1) Is it possible to apply for H1B for Profit organization even though if i am still working and having H1B for Nonprofit organization?
2) If yes, until what time I can work for Non profit organization....Is it until my H1B for profit organization is approved or till the start date of my H1B for Profit organization which is usually from Oct 1st....
3) Is it Possible, For example my H1B for Profit organizations Company A was approved and after its approval I decided not to work for Company A and want to continue my work in the Non Profit organization where I already had H1B.
If possible to do so, then after few months (after OCT 1st) i decided to go to another Company B then I need to transfer my H1B
Is this transfer is from Non-Profit to Profit or Profit to Profit.....The reason why I am asking this question is that I don’t have any Pay stubs from Company A (Profit organization.)
4) For e.g. If I got H1B for Company A (profit) and later I decided to go to Company B profit, so I need to transfer my H1B from A to B....
But I didn’t get my H1B stamped for Company A so I can move to Company B even without getting stamped.....and is it possible to transfer to Company B even before my start date of H1B (ie..Oct 1st) and also can I go to embassy for stamping using Company B offer letter.
5) I got visa for a Non Profit organization for three years, but after two years I moved to profit organization, so when I got approved in quota I will get three years visa or one year visa for profit organization.
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Judith replied 5 years ago.

There are no visas in the quota for this year. You can apply for your H1B visa w/ a provit company on 04/01/09 to begin 10/01/09.

You only get a total of 6 years combined. So if you worked 3 years for non-profit you will get 3 years for the profit. That is your 6 year maximum.

You can work for the Non-profit as long as you have a current visa petition. If you apply and get an approval for a profit company for 10/01/09 then you can work for non-profit until that date as long as it has a validity period to that date or beyond. You can continue and work for the non-profit and take up employment anytime with the profit. You don't have to start on 10/01/09 if you want to work longer for the non-profit and you have a date that has not expired.

You don't have to get a new Hhhh1B visa for the profit. You just go to work for them

when you want after you get an approval. You can go to work anytime after the beginning date on the approval notice, - even 6 months later NOT before.

You cannot get a visa stamp for the profit with an offer letter, you have to have an approved visa petition. You can get a visa stamp for the non-profit and use that visa for entry for the profit company later on if you go out of the US.

You don't have to make this so complicated. If you get approval for the profit company you can go to work for them any time after the approval.

You can only get a visa from the embassy if you have a visa approval. You can get a visa for the non-profit and use if for the profit if it is still valid.

Judith

 

Customer: replied 5 years ago.
Dear Judith

Thanks for answering my questions...

I have two questions...which i coudnt get what you replied so kindly could you tell me in detailed.....
Is it Possible, For example my H1B for Profit organizations Company A was approved and after its approval I decided not to work for Company A and want to continue my work in the Non Profit organization where I already had H1B.
If possible to do so, then after few months (after OCT 1st) i decided to go to another Company B then I need to transfer my H1B to Company B
Is this transfer is from Non-Profit to Profit or Profit to Profit
.....The reason why I am asking this question is that I don’t have any Pay stubs from Company A (Profit organization.)
If i got a visa approval for company A(Profit) and for wihich i have to start work from Oct 1st onwards . But before Oct 1st i got offer from another Company B ( Profit ) and want to move to company B(Profit) . So i need to transfer visa from company A to Compnany B, so is it possible to transfer visa from company A to Company B even before start date for my H1B ( Profit).
Expert:  Judith replied 5 years ago.

OK, I understand. You want to leap frog from Profit Co A (having never worked for them) to Profit Company B. NO. You have to activate that visa from the quota in order to be able to change employers. So you'd have to work at lease one pay period before the profit Co B filed a petition for you.

Also, you can continue with your current employer the non-profit and not use the visa immediately with profit Co. A, as long as you go to profit Co. A sometime during the remaining 3 years you have left on the H.

Hope this helps!

BTW, you posed another question last nite that is not accessible. I reported it to JA. Glad you reposted.

Judith

 

 

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24566
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Dear Judith,

Thanks For the answers..These answers will be really very heplful for me for my future decisions....
Thanks
Expert:  Judith replied 5 years ago.

Good. I am glad you found them helpful.

Judith

 

 

 

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