Posted by: chulbuley June 29, 2011
H1B transfer issue
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@ans thanks for the answer, it may not be transferred but i can still apply for a new H1B as only 17k out of 65,000 H1B for fiscal year 2012 has been filed.  but can i start working for my new employer immediately? what about if it is approved before october 1,  (the quota system will allow us to start working only after october 1)  .  it does  not make sense that  a person whose case is pending for H1B approval is in a better shape (continue working for new employer) than a person whose H1B is already approved before october 1 (has to stop working for new employer as soon as it is approved since the quota system is considered to start only after oct. 1) 

@the_hareeb  we can definitely go ahead and work for the new employer (for-profit company) in future but the only confusing part is whether it should be filed as a new H1B or a transfer of H1B.

@anon  i also thought it needs to  be reapplied going into a quota system from a cap-exempt, but talking to my possible  new employer's lawyer yesterday said, it can be transferred. i told him i couldn't find anywhere which says that i can transfer my H1B from non-profit org. to for-profit company. but he was firm with his words and i couldn't satisfy him in any ways due to lack of source. i thought maybe he knows better than me and he should but i am little worried now if during a transfer process it is rejected (hope not) by USCIS saying it cannot be transferred and i will have already left my old job and i cannot join the new one. this might jeopardize my status. so i was looking for someone who had similar experience.
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