H1B quota counted or not? - urgent - please help

[latbsol]

Hi all,

I have been working under a H1B visa for the last 8 years.

- First employer was a "for profit" organization.
- Current employer is a "Non profit" organization.
- Now I intend to switch job to another employer who is a "for profit" organization. Now if this employer applies for a H1B transfer for me, would my H1B come under quota or not?

I am at the risk of losing my job with my current employer and I am at a urgent/desparate situation of applying for the H1B transfer. Any clarification would help me to understand the situation and breath easy.
I am currently in the 8th year of my H1B and have I-140 approved and I-485 pending for 3+ years.

Thanks.

 

[ginnu]

Hi all,

I have been working under a H1B visa for the last 8 years.

- First employer was a "for profit" organization.
- Current employer is a "Non profit" organization.
- Now I intend to switch job to another employer who is a "for profit" organization. Now if this employer applies for a H1B transfer for me, would my H1B come under quota or not?

I am at the risk of losing my job with my current employer and I am at a urgent/desparate situation of applying for the H1B transfer. Any clarification would help me to understand the situation and breath easy.
I am currently in the 8th year of my H1B and have I-140 approved and I-485 pending for 3+ years.

Thanks.

Your H1 Transfer or extension has nothing to do with quota. if want to join new employer on H1 then let the new employer file H1 with premium processing so that you know the results in 20-25 days from the date USCIS gets Petition. At this time USCIS is asking lot of document from employer. Play safe and join only AFTER H1 gets approved(if you want to remain on H1) if you want to join with EAD then no problems but new employer must be ready to give you same/similar job offer letter to invoke AC21 with your Pending I-485. even if you get H1 approved invoke AC21 when join new employer.
your I-485 is filed and Pending and you may also be having EAD in hand.

 

[latbsol]

Hi,

Thanks for your feedback and your advice about the H1B and AC21. I agree with you about joining the employer only after receiving the H1B approval. That is a safe thing to do.

Your H1 Transfer or extension has nothing to do with quota.

Are you sure? The reason for my concern is that currently I am working for a "Non profit" organization, whose H1Bs don't come under the quota. So now if I want to go to a "For profit" organization then I was wondering what would be the impact of the quota. But again I have previously worked for a "For profit" employer initially.

BTW my case is pending at the vermont service center (with a receipt date of May 14th for H1B premium processing). Has been 10 days and no update in the case status at all. It is a frustrating waiting game.