H1 Transfer from CAP -> NON-CAP (Academic) -> CAP ?

kavitha6

Registered Users (C)
Hi All,
I want to transfer my H1 from Company A to university. Currently I hold H1-B under CAP under Masters Degree. I can easily get transfered to University. My question is if I want to transfer from University to say Company B later on in future is it possible for H1 transfer from university?. Is it right that as it a university my H1-B transfer goes under No-CAP and later to transfer to Company B I have to go through H1 quota again?

i.e Company A -> University -> Comapnay B
H1-B(CAP) Transfer(H1-B) Transfer???

Please let me know,
Thanks in advance,
Kavitha
 

GotPR?

Registered Users (C)
Quota won't play in your case anymore regardless of applying for profit or no profit, as you already got quota. YOu can transfer between profit and non profit as much as you want.
 

eb2007

Registered Users (C)
Hi GotPR,
Are you really sure about it? I heard that if it has to be change from non-profit to profit again then that case will fall under capped-category...
Others please respond to this....
 

GotPR?

Registered Users (C)
Hi GotPR,
Are you really sure about it? I heard that if it has to be change from non-profit to profit again then that case will fall under capped-category...
Others please respond to this....
I'm quite positive.
When someone goes H1 -> F1 (or whatever visa) -> H1, they are exempt from quota for the 2nd H1 provided the 2nd H1 applied within 6 years. I don't see the reason why non profit H1 is treated differently.

INA says that if one was counted against quota within last 6 years, quota is not applied.
 

kavitha6

Registered Users (C)
Hi GotPR,
Could you please post the link where INA says "if one was counted against quota within last 6 years, quota is not applied". This help would be greatly appreciable.

Hi eb2007,
I guess you r also in the same boat as I am. Please post any information or links you get regarding this issue.

Thanks you for all your replies.
Kind Regards,
Kavitha
 

GotPR?

Registered Users (C)
Hi GotPR,
Could you please post the link where INA says "if one was counted against quota within last 6 years, quota is not applied". This help would be greatly appreciable.
It's in USCIS website.

www.uscis.gov
Law & Regulations -> Immigrantion and nationality act -> Act 214 ->....


INA Act 214 (g) (7)

(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
 

eb2007

Registered Users (C)
Thanks GotPR!! Yes kavitha6 I'm also in the same situation...I'll surely let u know. You also pls lemme know if you come across something relevant...
Good luck
 

kavitha6

Registered Users (C)
Hi GotPR,
Thank you so much for the link. I followed the steps you mentioned in your note and read Act 214. I could not find any words you posted in Act 214. Could you please verify if it is Act 214.

Thank you very much,
Kavitha
 

GotPR?

Registered Users (C)
Hi GotPR,
Thank you so much for the link. I followed the steps you mentioned in your note and read Act 214. I could not find any words you posted in Act 214. Could you please verify if it is Act 214.

Thank you very much,
Kavitha
You have to go the 2nd page of Act 214. THere are icons on the top of the page and the 3rd icon from the left flips the page.
 

kavitha6

Registered Users (C)
Hi GotPR,
Thank you for the Link. I was not able to browse it properly for the first time. Thank you once again and Thank you again :) :). God bless you.

Regards,
kavitha
 

Tyro24

New Member
H1 Transfer from Non profit to for profit org

Hi GotPR and Others,

I am also in the same situation. I started working for a consulting firm after I got my H1 B approved under the quota in 2006. Then I transferred my visa to a non profit organization in 2007. I got an opportunity now to work for a for profit company again. But i heard that I can not transfer my H1 B and I have to apply for new H1 under quota and should wait till april 2009. I am sure this assuption is wrong. But can somebody who went through the same situation clarify again? Thanks a lot in advance.
 

hs_job_pt

New Member
Non-cap H1 to H1

Hi,

My situation is a little different. I am going to get a non-cap H1 through a non-cap employer. This will be my first H1. I have heard that I can't get this H1 transfereed to a regular employer. My question is - can I go ahead and file a new regular H1 while I am working on a non-cap H1 ?

Thanks
 

GotPR?

Registered Users (C)
You can file for cap H1, but the earliest you can file for cap subject H1 is April 1 and H1 start date is Oct 1.
 
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