I'm a graduate student working for a non-profit organization in SD currently working on opt EAD. I have few questions regarding non-profit organization's H1B filing.
1) What are the pros and cons of H1B transfer from non-profit to profit organization?
2) can I switch to any profit company when ever I wish?
3) Which category of GC do I fall into?
4) How long will it take to get my GC if I get my h1b this year ?
1. By working for a non-profit you are not subject to the "cap" and can change NP employers anytime. While still employed by a non-p. you can have a "for-profit" prospective employer file a petition on your behalf and see how it goes.. If able to be selected in the "lottery" and petition ultimately approved, then you'll be the luckiest fellow on earth and become "cap exempt" for the next 6 years (or even 16, if needed and played right), switch as many for profit employers you like, enjoy (much) higher pay than working for NPs and convince one of them to apply for your GC.
2. See my answer 1. above. Yes!
3. Will depend on the job requirement : a Bachelors at entry level? = EB-3. A Master's degree OR Bachelor's plus 5 years of progressive experience? = EB-2, assuming you will have such work experience.
4. EB-2: 1 year; EB-3 at least 3 years.
If my answer is "HELPFUL" and/or the "BEST ANSWER" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
They are obvious. The main negative is that it must be done subject to the uncertainties of the H1B lottery. The main positive, your employment can be sponsored by any for profit organization in need of the services you provide. One way or the the other, H1B has nothing to do with the Green Card per se.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
CAP exempt employer does not need to deal with the madness of the h1B lottery reality.
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