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non capped to capped h1b visa transfer (with a valid capped petition)

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  • non capped to capped h1b visa transfer (with a valid capped petition)

    I have a query. Can you please answer the same.

    I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate. I do not want to stamp their visa as I do not want to join this company.

    I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not have to go through lottery process, they have also filed a H1B visa for me just a week back as this is a non capped h1b. I want to get their visa stamped and I want to join this company.

    Now my question is

    Once i join BB, than in future can i change from a non-profit organization to a profit organization? As you know the BB company's filed h1b visa cannot be transferred as it is non capped. As my AA's petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )?
    I am a bit confused here, can somebody clarify this in detail here?


    thanks a lot for your help in advance.

  • #2
    Originally posted by profile1235 View Post
    I have a query. Can you please answer the same.

    I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate. I do not want to stamp their visa as I do not want to join this company.

    I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not have to go through lottery process, they have also filed a H1B visa for me just a week back as this is a non capped h1b. I want to get their visa stamped and I want to join this company.

    Now my question is

    Once i join BB, than in future can i change from a non-profit organization to a profit organization? As you know the BB company's filed h1b visa cannot be transferred as it is non capped. As my AA's petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )?
    I am a bit confused here, can somebody clarify this in detail here?


    thanks a lot for your help in advance.
    Usually you cannot shift from a cap-exempt to a non cap exempt. However, in your case, since you already made it through the cap, you should be able to change status once you are inside the USA. Feel free to call us at 510 7425887 for more information.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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