H1B transfer from non-profit to profit org.

X

xayy

New Member
Sorry if you see the duplicate post. I posted the same question in Nebraska H1 Forum. Then, i realized it is better to post here.

I need your help and response badly regarding to H1B transfer from non-profit organization to for-profit organization.

Current H1B: non-profit, no cap, 2 years

One for-profit company gave me an offer. I know i need to do the H1B transfer, and under quota. The new company would like to do the premium process for my H1B application.

My question is, do I have to wait until new H1B is approved in order to work for the new company? Can I work for the new company whenever i have the receipt of filling?

One lawyer said i have to wait for the approval. I am not sure if he is right.

Thanks and have a good weekend!

Gary
 
But .. wait a sec. How can a H1B visa be transferred from a non-profit company to a for-profit company? I dont think that can be done. I think you need to apply for a brand new H1B visa.
 
You aer right!

I should not use the word "transfer". My new company will apply new H1B for me.

Still my question is, do I have to wait until my new H1B is approved? If it is the case, it means before i get the approcal of the new H1B, i can NOT work for the new company. Can i work for the company whenever i get the receipt of the filling?

Thanks
 
skd1900 said:
Does that mean "xayy" has to wait till the new H1B (for-profit) is approved?
Click to expand...

It says he can start working based on filing of H1, which I believe means
he can start his work with receipt notice, same as H1 transfer case.
 
Last edited by a moderator:
GotPR? said:
It says he can start working based on filing of H1, which I believe means
he can start his work with receipt notice, same as H1 transfer case.
Click to expand...
NO. This is a new H1B since his previous one is from non-profit organization.
With the new H1B, AC21 does not apply.
If he has other work authoziration, he could work with that but I doubt so since he relied on H1B.
 
Thanks for the responses.

I went through a lot of immigrate websites for the answers to my case, including the website you guys recommended.

It seems that i can take risk to work in the company only after I receive the receipt of notice. However, since the primum processing takes only 15 days, and plus several days for paperworks, LCA, etc. I think I can have new H1B within one month. So, maybe i do not need to take risk.

Thanks again for sharing your thoughts.

If i have some info worthwhile to post under this thread later on, i will.

Thanks,
 
newbies said:
NO. This is a new H1B since his previous one is from non-profit organization.
With the new H1B, AC21 does not apply.
If he has other work authoziration, he could work with that but I doubt so since he relied on H1B.
Click to expand...

Where did you find AC21 is not applicable to new H1B ?
USCIS says H1B portability is applicable to H1 beneficiary who USED
TO BE H1B and has been legally in the US. Even though it is brandnew
petition and comes under quota upon tranfer to industry, this is still H1 to H1
case.
A lot of lawyer hints it too.
 
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