TN to H1B

N

nruneel

Registered Users (C)
All,

I know this is not H1-B forum but I need to confirm the following

I am pushing my employer to file H1B for me.( I have 3 year TN right now)

I have talked to company attorney I got the following reply

There are a total of 65,000 H-1B visas available - this is all H-1Bs. If none go to Chile/Singapore programs (extremely, extremely unlikely), than all 65,000 are available. Of the 65,000, 20,000 are specific for U.S. Masters and above (Masters and above can also get one of the other 45,000. But a Bachelors degree holder can not get one of the 20,000). According to the U.S. CIS website which I cut and pasted into my e-mail, as of July 24, 64,900 petitions have been received (44,900 + 20,000). That leaves 100 H-1B visas available, if none go to Chile/Singapore. So, if you file now, you are counting on an earlier petition being denied, revoked or withdrawn. And, keep in mind, that the cap count was as of 7/24. So, this week more petitions were likely filed.

How true is that :confused: I think 20,000 for advanced degree are additional to 65,000.

Thanks
 
You are right.... to ask this on another board.

But, yes, the 20K for US masters are extra to the 65K, so there are still plenty of ordinary H1's available. I wouldn't worry about the chile/singapore program.

You are also correct to push for H1 this year.
 
Last edited by a moderator:
I'm also pushing my employer to file H1B for me this year. The answer I got is that they'll do it next year. I'll have to stay on TN for now. What's the likelihood for the H1B cap to be reached shortly after April 1st next year? If this is the only year that cap will not be reached, then I'm thinking may be I should push harder. I understand this is an open ended question. I just want to get people's opinions on this. Thanks in advance.
 
I doubt... this economy...
There was no H-1B issue after the last economy slump until 2007. But this yr is certainly a good year if your company is willing to spend the money for you...
 
As far as I know you can still file for a H1B visa this year. Normally the cap was filled within the first 24 hours after the filing period started but this year and probably the next one there will be plenty of H1B available.
 
Yes, we know that the cap has not been reached yet, this the advice to file this year.
 
Finally I was able to manage my employer to get my H1-B. Only the surprising thing is
USCIS recived my application on 24th of Sept and H1-B approved on 28th of Sept which is only 3 business day without Premium processing.
 
My HB1 petition was approved in April, though I still have 2 years left on my TN. I'm planning to remain on TN for the next couple of years (i.e. withought activating the H1B status upon re-entry), does that mean I can delay the H1B clock by two years and hence push off the expiry date to 10/2017?

thanks!
 
unsane said:
My HB1 petition was approved in April, though I still have 2 years left on my TN. I'm planning to remain on TN for the next couple of years (i.e. withought activating the H1B status upon re-entry), does that mean I can delay the H1B clock by two years and hence push off the expiry date to 10/2017?

thanks!
Click to expand...

Can someone please confirm whether I could add 2 years to the H1B clock with this approach? Just wanted to make sure the H1B "max out" data is 6 years from the data I reenter US under H1B.

Thanks.
 
You can extend your H1 clock by not 'activating' it on October 1. I do not know how long you can delay/postpone the h1 without having to get a new h1 (or amend the existing one) by submitting a new I-129. By having got the H1 now, you are no longer subject to the quota for at least the next six years.


But, as to the question of how to calculate your h1 clock, it starts the first day you take up H1, and only the days that you arein H1 count towrds the six year limt. Thus, days spent in other statuses, or outside US, extend that limit beyond the exact 6-year mark.
 
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