H1-B transfer from non-profit (cap exempt ) to profit

USA
1

I am currently with a non-profit employer and my lottery has been picked this year with a profit employer this year who is willing to file my petition. But I still want to continue with the non-profit employer as the other job is a contract role. However, I want to be considered counted in the cap which allows me to switch to any employer without having to be stuck in non-profit. So I would like to know what is considered as counted in the lottery or in the cap? Is it i94 or passport stamp or just lottery picking would suffice?

2

Just picked up in the lottery do not count unless your cap-subject H1B petition is filed and approved.
If you are already in the US, you may be able to transfer the approved petition without working for the sponsoring employer and still counted against the cap however I would recommend joining the cap-subject H1B sponsoring employer and then transfer to cap-exempt employer.
If you are in your home country, you may or may not be counted against the cap if your visa in not stamped. I would suggest getting the cap-subject H1B visa stamping done and then transfer to cap-exempt. Ideally it is good to get visa stamped, travel the US and join the sponsoring employer and then transfer.

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3

I am currently in the US working for a non-profit employer, so if my lottery is picked for 2022 can I get approved but still not work for them from Oct1st 2022? or should I work on H1B cap-subject status for that particular employer at least for a day to be considered counted against the cap. Is there a way I can do that without leaving my current non-profit employer?

4

If you are already working for cap-exempt, you should switch to cap-subject employer and then go back to cap-exempt employer. That way you will be counted against the cap-subject for sure.

Consult an immigration lawyer and follow their advice.

5

How long should I work for the cap subject employer in order to be considered as counted against the cap. Is there a way to take LOP from cap exempt employer and move to cap subject employer, work for a couple of days and then switch back to cap exempt employer. I am wondering if that is legally possible without any violation.

6

Ideally you must resign from one H1B job before you start working for another unless the 2nd H1B petition is filed as concurrent employment.

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