Legal Question in Immigration Law in California
non profit H-1b
I am approaching my 6 year H-1b limit at the end of this year. A non profit organization is interested in hiring me. If i convert to non profit H-1b, do i still have to leave the country for one year and then come back ? or i can continue ??
3 Answers from Attorneys
Re: non profit H-1b
If you have labor cert or I-140 pending yoyu can get an extension for one year or else no.
Re: non profit H-1b
No matter whether your employer is for profit or non-profit, your maximum H1B is 6 years. If you have a labor certification pending or I-140 pending for more than 1 year by then, you may be eligible to extend your H1B beyond 6-year limitation. Otherwise you have to leave the country before you can reapply for H1B.
Re: non profit H-1b
I agree with Ms. Wang (above), and would add only that you might want to see whether you can "recapture" any of that H-1b time, such that you would not be as close as you think to the six year ceiling.
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