Change from Normal H1B to Non-Profit H1B and GC Process

USA H1B Visa
1

I currently work as a contractor for a non-profit company via Staffing Firm, who filed for my H1B. Non-profit company wants me to hire me. Issue is my current visa will expire in Jan 2014 and by that time I would have spent 5 1/2 yrs. My current staffing company filed for PERM last month for GC to get an extension in 2014

Now since the non-profit firm is ready to hire. I am not sure how the H1B move to non-profit works and also since I almost exhausted my 6 yrs, If I join non-profit do they have to file for GC/Perm immediately. Please help!

2

The non-profit company can file H-1 petition for you at least for the time until you reach 6 years in US. To file subsequent extensions, they will have to file PERM and I-140 for you. Unless the current I-140 is filed and approved, you cannot port the priority date to new employment.

3

Non-profit H1B visas don’t fall under the quota limit so I thought they would be treated differently for extensions as well. But going by what you are saying - there is no difference for non-profit H1B & normal H1B visa extension (after 6 yrs).

Other question is - Would my non-profit company has to file for a new non-profit H1B or It can just transfer the exisiting normal H1B?

If in future I choose to move to a profit firm what would be my situation?

4

Technically there is nothing called H-1 transfer. The company will have to file a H-1 petition for you, and once approved you will have 2 approved petitions - one from old employer and one from new; and you can decide to work for either of the 2 employers.

The petition is always cap-exempted based on the previously approved petition. If the employer is non-profit then it is also cap-exempted based on employer’s non-profit status.

In future, another for-profit employer can file cap-exempt petition for you (based on previously approved cap-subject petition).

5

Thanks Saurabh. One last thing. Should I-140 be approved for porting the priority date both ways i.e. to and from a non-profit, If it is allowed in the first place either ways? Or just labor approval is good.

6

I-140 should be approved for the dates to be ported. But you can check w/ an attorney as well.