applying for regular and non profit h1b at the same time


Scenario: I’m on F1 OPT working with a non profit organisation , applied for a corporate H1b through a consultancy, visa got picked in 2016 May under masters quota and is still under processing(expecting to get my H1b EAD by the end of October). So as soon as i receive my H1b EAD , i will no longer be a student and cant work with the non profit organisation. I don’t have a project yet through my consultancy and not sure when would i get it and should be on bench until I get a project. so I will be jobless once I receive my H1b EAD as i dont have a project through my consultancy and i cant work with the non profit organisation with my corporate H1b.

The non profit organisation , where I’m working is also ready to file a non profit h1b when ever needed.


1.what happens if apply for a non profit H1b and it gets approved much earlier to my corporate h1b. ?

What is the chance of having an RFE asking for an updated i20 or some document proving that i’m eligible for the student quota? what problems i may face for my corporate h1b to be processed.2. What is the best way to hold two H1b at the same time. ?

You can work for non-profit company on their H-1 as soon as their H-1 w/ COS gets approved. Once corporate H-1 (called cap-subject H-1) is approved, you can decide either to continue working for non-profit or the corporate.

Both petitions give you H-1 status. So you can work for either of the approved petition. You can also move to another employer once your cap-subject H-1 has been approved (they will have to file a cap-exempt petition for you).

Hi Saurabh,

I am also in the same situation. both profit (cap) and non-profit (cap-exempt) employers are ready to file my H1b.

My Question is: What if my cap h1b gets approved before cap-exempt one? I know that cap H1b is going to start from Oct 1. I am planning to switch to cap-exempt company if that is also approved before October. Can I use that approved cap I-797 form anytime in future if I wanted to shift from a cap-exempt organization to a cap one?