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  #1  
Old 04-07-2007, 12:41 PM
ilangocal ilangocal is offline
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Default H1B through a Non-Profit Organization - how does it work

Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

Please clarify. I am trying to understand this clearly.
Thanks very much
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  #2  
Old 04-07-2007, 01:00 PM
Munshi75 Munshi75 is offline
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Default Almost sure

I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
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  #3  
Old 04-07-2007, 03:58 PM
ilangocal ilangocal is offline
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Default Many Thanks -Where can I get more Information, Please -

Quote:
Originally Posted by Munshi75
I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?

How do you think I should go about confirming or getting more information regarding this?
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  #4  
Old 04-07-2007, 10:49 PM
amsgc amsgc is offline
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The non-profit organizations that meet the following criteria are cap exempt:

1. A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)

2. A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)

Now read page : 54 of the following link for (2):

http://a257.g.akamaitech.net/7/257/2.../8cfr214.2.pdf

Please share your understanding.
I have questions about working for a nonprofit that is not a research organization.
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  #5  
Old 04-08-2007, 12:11 PM
das0 das0 is offline
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Default

Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
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  #6  
Old 06-12-2007, 09:53 AM
haider420 haider420 is offline
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PLEASE HELP ME OUT!!!!

i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
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  #7  
Old 06-12-2007, 09:54 AM
haider420 haider420 is offline
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hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
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  #8  
Old 06-13-2007, 10:21 AM
haider420 haider420 is offline
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Default F1 transfer to H1B through non-profit possible??

I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??

CAN SOMEONE PLEASE HELP??!!
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  #9  
Old 06-13-2007, 10:59 AM
Raju Raju is offline
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Quote:
Originally Posted by haider420
I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??

CAN SOMEONE PLEASE HELP??!!
Yes you can.
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  #10  
Old 06-13-2007, 11:00 AM
Raju Raju is offline
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Default

Quote:
Originally Posted by ilangocal
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
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  #11  
Old 06-13-2007, 11:21 AM
pmamp pmamp is offline
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Default

I work for US university on H1B. Based on my knowledge the following are valid points.

- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.

So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).

So, if you want to get a H1B visa try to get in directly with non-profit organization.

For many US university jobs you can visit:

http://www.higheredjobs.com

Good luck!
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  #12  
Old 06-13-2007, 11:35 AM
desiin_va desiin_va is offline
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Default H1B cap applies

Quote:
Originally Posted by das0
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
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  #13  
Old 06-13-2007, 11:46 AM
haider420 haider420 is offline
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Quote:
Originally Posted by Raju
Yes you can.
firstly, thanks for replying.

I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
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  #14  
Old 07-24-2008, 04:33 AM
sakuhito sakuhito is offline
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I think if you tell us what field you are in, perhaps someone can refer you to a company and tell you what company you might be able to work for which is non-profit.
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  #15  
Old 07-24-2008, 10:48 AM
raysaikat raysaikat is offline
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Default

Quote:
Originally Posted by haider420 View Post
firstly, thanks for replying.

I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
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