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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105580
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If I got an H1B under a for profit organization and the

Customer Question

If I got an H1B under a for profit organization and the extension was under a non for profit, can I transfer the H1B back to a for profit organisation?
Thanks for the support!
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The question is, were you counted against the cap when you got your first H-1B?

Customer: replied 3 months ago.
my sponsor applied against the cap, since it was a for profit organisation
Customer: replied 3 months ago.
But the extension was done for a non-profit one (that dont have a cap)
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Luckily, that doesn't matter. As long as you have been counted against the cap within the last 6 years, you are still cap exempt and you can transfer to a cap-subject employer.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 3 months ago.
Ok, but does the transfer needs to note that the first visa was given under the cap? Is there a registry on my H1B that the govt has or its a responsibility of the one doing the transfer?Thanks for the support. I've had been having nightmares with this, since Im supposed to change jobs next week!
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

They have a database. They will check. You should reference the first H-1B that you received, of course. A cover letter explaining would also be good as well. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello Pablo. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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