Are certain companies exempt from the official release of H1 visas in April?

ndubs

Active Member
#1
Hi - hoping someone can help with this odd question - I am on a work visa (not H1) and recently have been in talks with a firm who after finding out that I am on a different work visa, told me they would need to apply for the H1 visa which would take about 5 weeks....given that the quota has been used up for this year, wouldn't they have to wait until April 2015 to apply for my H1 visa and I can't start working using that until Oct 2015, making them massively misinformed? Or are some companies exempt from these rules? I know the exemption sounds silly but she was so confident it was bizarre...
 

Britsimon

Super Moderator
#2
Hi - hoping someone can help with this odd question - I am on a work visa (not H1) and recently have been in talks with a firm who after finding out that I am on a different work visa, told me they would need to apply for the H1 visa which would take about 5 weeks....given that the quota has been used up for this year, wouldn't they have to wait until April 2015 to apply for my H1 visa and I can't start working using that until Oct 2015, making them massively misinformed? Or are some companies exempt from these rules? I know the exemption sounds silly but she was so confident it was bizarre...

Some organizations are "cap exempt" - so that is correct. However, that is probably not why they are confident. If you have an H1 now and that H1 was originally subject to the cap, then a company sponsoring you does not have to wait for the new quota. You could switch quite easily.
 

ndubs

Active Member
#3
Hi Simon..Hmm I'm not on an H1 now. Is there a list of exempt companies or something? I wasn't aware of this, thats interesting
 

Britsimon

Super Moderator
#4
Hi Simon..Hmm I'm not on an H1 now. Is there a list of exempt companies or something? I wasn't aware of this, thats interesting

Ahh sorry - misread that.

Cap exempt organizations can include Universities, non profit companies and some research organizations.
 

ndubs

Active Member
#5
Ahh sorry - misread that.

Cap exempt organizations can include Universities, non profit companies and some research organizations.
Hmm ok so they are none of those, so I am guessing their HR dept is just misinformed, they will soon figure it out i'm sure. Thanks anyway
 
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