          |
|
 |
|
| |
|
|
|||||||
|
|||||||||
|
|
 Printer Friendly
 Send to Friend
H1B Cap FAQ Q:
I am already on an H1B visa in the US. If I change to new company, am I subject to the H1B cap?
A:
No. However, please request your lawyer to mark the package that says "CHANGE OF EMPLOYER - NOT SUBJECT TO CAP" so
that they do not think by mistake that you may be subject to the cap.
Q:
My new H1 was approved but I have not gone to the consulate yet to get my H1 visa stamped. Now that the cap
is reached, can I still go the consulate and get it stamped or will I be not allowed to do that because the cap
is already reached?
A:
The H1 cap is counted by USCIS only when approving H1 visa. You don't have to worry about the H1 cap when getting
your passport stamped at consulate with an H1 visa.
Q:
If USCIS receives my application before the cap is reached, will I be subject to the H1 cap?
A:
It does not matter that USCIS received your application before the cap is reached. The cap should
not have been reached when your application is approved.
USCIS may either hold, return the application or allow it to amend with start date of October 1, next fiscal year. Q:
I am student on EAD and need to apply for an H1B. Am I subject to the cap?
A:
As you will be applying for an an H1B visa for the first time, you are subject to the cap.
Q:
I am on H4 right now and would like to apply for an H1B. Am I subject to the cap?
A:
As you will be applying for an H1B visa for the first time, you are subject to the cap.
Q:
I am on L1/L2 right now and would like to apply for an H1B. Am I subject to the cap?
A:
As you will be applying for an H1B visa for the first time, you are subject to cap.
Q:
Am I subject to the H1B cap if I apply for it under premium processing?
A:
Yes. Premium processing is just a faster way of getting an H1B processed and you are still
subject to the cap if you are applying for an H1B for the first time.
Q:
Can a person have multiple H1b sponsors?
A:
Yes, as of now, there is nothing that is stopping multiple employers for applying for a H1b for a person. Recent regulation clearly outlaws the filing of multiple petition by the same employer. But the rules have not explicitly said it is okay to file multiple petitions through different employers.
But remember, the quota is reduced by 1 for each unique person. Matching is done by DOB (Date of Birth), nationality and other passport details. It is risky to apply for multiple H1bs due to the ambiguity in the language used by USCIS. Q:
I am a graduate student (currently on OPT) and have finished all of my course work, pending only thesis defense (expected May'10). Can I still apply for an H1B in Master's quota?
A:
No. You should not have anything pending for your degree to be eligible for the H1b under the advanced degree cap. In the past, people had success with a letter of completion from Dean etc. Recent results have shown that USCIS has been denying such applications
|
|
|
|
|
 Home Advertise Disclaimer Glossary Privacy Policy Site Map Terms of Use  |
| |