Moving from for profit H1B to non-profit

I am currently in the 5th year of my H1B VISA ( for profit organisation). I have been offered a job from a non profit organization. I have an approved I 140 from my previous company. My question is :

  1. If I have to change from non -profit to for profit company, would I be able to start working once my H1B gets approved ?

  2. Would I be able to use my approved I 140 when I join the non-profit organization ?

  3. Incase I come back to for - profit organization , would I be able to use my existing I140 to get extensions in H1B VISA ?

Your valuable suggestions/ advice will be much appreciated. Thank you for your time!

Abhishek

  1. You can start working as quicly as the day USCIS receives the petition or issues the receipt number. Else you can wait until the actual approval notice (to play safe that you join employer only when they have an approved petition for you)

  2. Does the non-profit plan to file GC for you? If yes, then if the job is similar they can port priority date for you. They can also file 7th year extensions based on approved I-140. Check w/ your H-1 attorney as well.

  3. Yes. Same as (2)

Thanks a lot for answering me Saurabh ! This was really helpful

Hi silver Star,

I am in similar situation like you were. I have a job offer from Non-profit organization. I currently on 6 th year of H1 and my 1-40 got approved with profit company. Can I transfer to Non-profit and come back to profit organization using latest I-140 from either Non-profit or my previous I-140 from profit company ?

I am trying to get an answer to this to accept the offer from Non-profit organization. Please help.

Hi, you should be okay to move from non profit to for profit.