Non Profit job - questions about transferring from F1 to H1

J

Jane100

New Member
I am a graduate student at a US university on F1 visa. I have an offer from a non profit to work on a 6-month project in my home country. After I finish the project, I will come back to US to work full time for the non profit.

Since I have to leave to start work on the project in the next 2-3 weeks, I don't have time to apply for OPT. So, I will just be graduating and returning to my home country.

I have the following questions:

1. After I graduate, if the non-profit pays for my ticket back home - will the INS have problems with that (since I won't be officially employed by them till I get back home)?

2. Once I am back home, does the INS play any role at all in my employment with a US organization - my H1B won't be processed till 2-3 months AFTER my project starts.

3. Though I am well -qualified (two Masters degrees), the non-profit will be paying me around $30,000 a year. Is that acceptable wage rate for LCA? Is it justifiable for a non-profit? I can't seem to get info. about prevailing wage rate for such an occupation from any of the officially recommended sources.

4. Is the non profit exempt from th $1000 filing fee? All documents I have read say ' non profit or government research organization'. This organization is a non profit but NOT a research organization so are they applicable for the waiver?

5. Can you recommend a lawyer who might have worked on processing H1Bs for non-profits? - preferably in the DC area

6. Any other resources to get info. about this situation would be greatly appreciated.
 
FI to H-1

Hi Jane,

I am in the same situation as you, working on my OPT for a non-profit organisation and now applying for an H-1.

I would love to share notes with you and see if we can help each other out, on the many common points you mention in your posting. Perhaps you could email me: shefali@igc.org

Thanks,
Shefali
 
1. Why would INS want to know who paid for the plane ticket and (the meal you purchased in transit)?:) Not an issue

2. Yes INS approves the H1 that authorizes you to work for any US org/company

3. 30K might be acceptable based on the job's functions/responsibilities . But if you are considered over qualified the company has to prove that they could not find anybody else. However Dept of labor has a list of jobs that is approved for H1 and they all have prevailing wages set for a metro area.

4. I think only research organizations or eductational instutions are exempt

5. http://www.aila.org/contentViewer.aspx?bc=16
 
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