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H1B through non-profit company

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Junior Member
What is the name of your state? New York

I am currently on F1 visa and graduated last year with a Bachelor's degree.
Now I am currently working on OPT which expires on 9/24/2005.
I would like information on how my current non-profit employer can claim exemption from the H1B cap, in order to sponsor my H1 once my OPT expires.

From the information on the USCIS website, I understand that a non-profit organization (501-(c)-(3)) affiliated with a Institute of Higher Learning can be exempt from the filing fee and cap limitations. I want to know how I can go about determining if my organization qualifies under this provision?

My employer is a leadership development course provider which offers college credit through a local 4-year college. And also has Deans from local universities on its board of directors. Would this sort of affiliation be enough to claim an exemption from the filing fee as well as the H1 cap?

I would appreciate any assistance. Financial difficulties deter me from an expensive consultation with a lawyer. But I suppose I eventually will if I cannot get help through other sources.


Junior Member
Be careful with the excemptions. As long as I understand when you get the excemptions, you won't be able to transfer to a different job with the same H1B and you will need to get a new one if you want to work somewhere else.
My better advice is that you talk with an attorney. It is possible to find attorneys that don't charge for the initial consultation.

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