That is true sangfroid.. "The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability." For more information visit: http://www.h1base.com/visa/wor...

prad · Feb 16, 2009 10:32 AM

Hi Prad, I think you got misunderstood. Ok here I clearify again. The problem is if I file H1 under non-cap quota , then it will be a problem later on when I quit that job in the university. Any H1 filed under non-cap gets canceled immediately once I quit that job and I cannot transfer H1. If I file under quota basis, then even if I need to quit that job, then still I can transfer my H1. So I am wondering if we can file H1b from universities under normal quota basis or not.

sangfroid · Feb 16, 2009 10:53 AM

You can't tranfer non-profit H1B to profit organization.

jhilkeJetho · Feb 16, 2009 12:21 PM

My understanding is also the same as jhilkeJetho. Transferring from non profit to profit is not possible whereas vice- versa is.

dreamworks · Feb 16, 2009 12:52 PM

thats right, not possible from exempted quota to non exempted quota. 

AAAA · Feb 16, 2009 1:08 PM

then what do you suggest in that case cause, say if i join a nonprofit organization, then getting out of it will be a real pain..... by the way, can I apply for H1B under quota basis from universities (without applying through non-cap) Last edited: 16-Feb-09 02:47 PM

sangfroid · Feb 16, 2009 2:46 PM

H1B through University depends upon your job over there.If you think you have to leave the job at anytime, there will be no option other than enrolling at same Univ. Unless you dont have any options left, better go for a private company now (Under H1B cap for Masters). Then you can go anywhere or file GC. And you can transfer your H1 to another non-profit too, if you have any possibilities.

Stat · Feb 16, 2009 3:15 PM

Sorry sangfroid.. my mistake Well.. about filing for non exempt H1 from university.. its upto the university.. Cap-exempt H1 is a privilege.. if ur university is willing to decline the privilege and still file a petition under risk (from lottery)... I believe they can..

Prad · Feb 16, 2009 7:36 PM