H1B Working Visa-Important FAQs(2)

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Q.Who is exempt from the H-1B Cap?
A: Many H-1B applications are not subject to the annual cap and will continue to be processed. The following types of cases are exempt from the cap:
• employment at an exempt organization, such as an institution of higher education or a related or affiliated nonprofit entity, nonprofit research organization, and governmental research organizations, except where an H-1B employee moves from an exempt nonprofit organization to a for-profit company;
• H-1B extensions, whether for an existing or new employer, unless moving from an exempt to a non-exempt employer.
• amended petitions;
• concurrent employment H petitions;
• individuals who have already been counted against the cap at some point during the previous six years, unless the H-1B applicant would be eligible for a full six years of authorized admission at the time the petition is filed;
• J-1 nonimmigrants who are changing status to H-1B and who obtained waivers through the Conrad 30 Program or other federal government programs;
• Singaporean and Chilean professionals eligible for H-1B Visas under the Free Trade Agreements.

Q.Can I bring my dependents on H-1B Visa?
A: Yes, you may bring your dependents on H-1B Visa: Your spouse and unmarried children are entitled to an H-4 Visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school in the U.S. You may even bring your servants on B-1 Visa.

Q.What do you mean by 'H-1B dependent employer'?
A: An employer runs the risk of becoming an 'H-1B dependent employer' if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:
• An employer has 25 or fewer full time employees of which more than seven are H-1B employees
• An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
• An employer has more than 50 full time employees of which 15% or more are H-1B employees

Q.When should I file my H-1B petition if I am currently under optional practical training on F-1 Visa?
A: You may file for H-1B status while in your practical training itself. Getting H-1B takes a lot of time and sometimes you might have to wait for three to four months before you resume employment. If you file your H-1B petition while in the practical training, you will have your H-1B ready by the time you are out of training. If the H-1B petition is filed before the expiry of F-1 or B-2, you will not be out of status. If your OPT expires before the H-1B is approved, you cannot legally work until the H-1B is approved.


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