Changing from non-profit H1 to company(industrial) H1


I got selected in the lottery and after RFE the H1 was approved on Aug12, 2013. A non-profit organization has also filed my H1 and we are awaiting the results. Assuming the non-profit H1 goes through,

(i) what will be the status of my approved industrial H1

(ii) will I be able to transfer to the industrial H1 after a year of working at the non-profit? If it can be done, what is the procedure for doing it?

Looking forward to your reply.


  1. Both will be in approved status. You can work for non-profit when it gets approved w/ COS or can work for for-profit H-1 after Oct 1 (assuming it is also approved w/ COS).

  2. Chances are that your industrial H-1 will be withdrawn by the employer when you decide not to join them from Oct. In future, this employer or a different employer can file a cap-exempt petition for you (submit copy of industrial H-1’s approved petition as proof of having made through the cap) and you can work on that new petition for that for-profit employer.

Does that clarify?