Cap-exempt Employer

J

jjm2005

New Member
Hi, can someone help me to find out more about cap exempt employer? what kind of qualifications are required to classified as cap-exempt employer? are there any guidelines?

My employer is a non profit healtcare organization who deals with low income health clinics, and school programs. I asked my lawyer if my employer is qualified under this cap-exempt employer so that I can start working as soon as I get the H-1B approval notice (don't have to wait for effective date like in october or something), but he said this kind of thing doesn;t apply to me..

i wonder if i can start as soon as possible since my opt is expiring very soon and i already filed for h-4, but haven't got the receipt yet.. so if i got my h-1B approval first, then later on I got my H-4 approval, will this cancel my H-1B? Note: my H-4 application was submitted earlier than the h-1 application.

can someone help me please? thanks so much..
 
jjm2005 said:
Hi, can someone help me to find out more about cap exempt employer? what kind of qualifications are required to classified as cap-exempt employer? are there any guidelines?

My employer is a non profit healtcare organization who deals with low income health clinics, and school programs. I asked my lawyer if my employer is qualified under this cap-exempt employer so that I can start working as soon as I get the H-1B approval notice (don't have to wait for effective date like in october or something), but he said this kind of thing doesn;t apply to me..

i wonder if i can start as soon as possible since my opt is expiring very soon and i already filed for h-4, but haven't got the receipt yet.. so if i got my h-1B approval first, then later on I got my H-4 approval, will this cancel my H-1B? Note: my H-4 application was submitted earlier than the h-1 application.

can someone help me please? thanks so much..
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Since you are changing status from F1 to H4 and F1 to H1 concurrently, INS will ask you to withdraw H4 before approving H1 petition. If you are not eligible for H1, your H4 may get approved.


Per your description, the firm may not come under Non_Profit Organization of research and higher educational institution.
 
If you have OPT, it means you have a degree in US university. If that degree is in master or higher level, apply for H1-b under H1-b 20000 visa opened on May 12.

great guru said:
Since you are changing status from F1 to H4 and F1 to H1 concurrently, INS will ask you to withdraw H4 before approving H1 petition. If you are not eligible for H1, your H4 may get approved.


Per your description, the firm may not come under Non_Profit Organization of research and higher educational institution.
Click to expand...
 
I bumped into this post and I must say as long as the employer is non-profit it is cap exempt. That's how I got my VISA when the cap was reached.
 
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