H1B transfer non-profit to profit

K

kinch

Registered Users (C)
I need to join July 1 when I finish my 6 years on H1B as well. I do have an approved EB2 I-140 based on which I expect to be granted an extension beyond 6th year.

My current employer is non-profit hospital. Prospective employer is a for-profit captive PC of the same hospital. I understand my new H1B will be subject to the cap. My lawyer advises against filing for start date July, 1, but instead, file for subject to cap quota for start date Oct 1.

Qs
1) Can I file for July 1? I read on this forum that applications have been approved in the past. Can I start working until I hear about a decision?
2) If it's denied, will my stay in the country until Oct 1 be illegal?
3) Do I need a separate cap-subject application for Oct 1?
4) I have EAD through spouses pending I485. Can I use that until Oct 1?
Your answers and help in this matter will be greatly appreciated. Thanks.
 
Last edited by a moderator:
Concerned4us said:
You have an attorney advising you. It would be foolish to take advice from an internet forum rather than him.
Click to expand...

I have had several experiences where experienced people on these forums gave me more correct and appropriate advice than experienced attorneys. I am returning to this forum after a while and seems like those good samaritans dont visit this forum anymore
 
You come under CAP, so apply any time after April 1, 2009 for 2010 quota, you can starts working from Oct 1, 2009 if H1 ia approved.
If you have post MD speciality may qualify for 20,000 US Graduate quota too.





kinch said:
I need to join July 1 when I finish my 6 years on H1B as well. I do have an approved EB2 I-140 based on which I expect to be granted an extension beyond 6th year.

My current employer is non-profit hospital. Prospective employer is a for-profit captive PC of the same hospital. I understand my new H1B will be subject to the cap. My lawyer advises against filing for start date July, 1, but instead, file for subject to cap quota for start date Oct 1.

Qs
1) Can I file for July 1? I read on this forum that applications have been approved in the past. Can I start working until I hear about a decision?
2) If it's denied, will my stay in the country until Oct 1 be illegal?
3) Do I need a separate cap-subject application for Oct 1?
4) I have EAD through spouses pending I485. Can I use that until Oct 1?
Your answers and help in this matter will be greatly appreciated. Thanks.
Click to expand...
 
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