H1 Visa help! Is my employer confused?

[britboy2015]

Hello,

Hope all is well. I need a bit of info re: H1 visas.

I have had a couple of Skype interviews with a global organization. I am a British Citizen & they want to relocate me to Los Angeles to be Regional Sales Manager for their company.

I enquired about visa processes & indicated they would give me a H1 visa with an assumptive start date of June.

They are in the process of flying me to their head office to have one final meeting and confirm.

My question is - isn't the H1 already reached? And submissions are now closed? Would it be possible for them to still submit an application - and if so, is June a realistic date?

The companies head office is in New Zealand but they have offices worldwide & in the States.

Any info would be great!

Thanks

[raghvi]

Hello,

Hope all is well. I need a bit of info re: H1 visas.

I have had a couple of Skype interviews with a global organization. I am a British Citizen & they want to relocate me to Los Angeles to be Regional Sales Manager for their company.

I enquired about visa processes & indicated they would give me a H1 visa with an assumptive start date of June.

They are in the process of flying me to their head office to have one final meeting and confirm.

My question is - isn't the H1 already reached? And submissions are now closed? Would it be possible for them to still submit an application - and if so, is June a realistic date?

The companies head office is in New Zealand but they have offices worldwide & in the States.

Any info would be great!

Thanks

You are right, H1 cap is already closed http://www.uscis.gov/news/news-relea...-2016-h-1b-cap. Unless you previously had a H1 or the company is not subject to cap I don't see a way you could be getting a H1.

This is my opinion not legal advice.

[britboy2015]

You are right, H1 cap is already closed http://www.uscis.gov/news/news-relea...-2016-h-1b-cap. Unless you previously had a H1 or the company is not subject to cap I don't see a way you could be getting a H1.

This is my opinion not legal advice.

Thanks for the advice - the company seems adamant that they can progress with the H1 visa - how is it a company would not be subject to cap?

[raghvi]

Generally some institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization are Cap Exempt Employers.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/ac21c060606.pdf

This is my opinion not legal advice.