J-1******H2B 2007 Cap

[krasi]

Hello!!! I'm going to work in USA this summer. My visa is J-1 (exchange student - not subject to the two year rule) I'll be there for 4 months. Is it possible to change my status to H2B while I'm there? Somebody told me there are no more H2B visas until 1st of Otober 2007 because of the Cap (for the second half of 2007). Is this truth?? If Yes I hope I can apply for work start date 1st of October or a bit later. Can I do this? Am I eligible? Do I have enough time? I do not want to break any of the US laws!!!
Pls Help! Thank you in advance!!! )

 

[jk0274]

That's not exactly right:

1- There are no more H-1B visas available for Fiscal Year 2008 (which is Oct 1, 2007 - Sept 30, 2008) categories that are subject to the annual cap. This means that, if you are planning to apply for H-1B in a category subject to the cap, you cannot do so until April 1, 2008 in order to begin your job on October 1, 2008.

2- Not all categories of H-1B are subject to the cap. If you plan to work at a non-profit organization or a university, you are not subject to the cap, and can apply for H-1B any time.

So the bottom line is: If you are planning to stay and work at a university (or perhaps a non-profit organization), yes you can change to H-1B. If you are planning to work elsewhere (a company, firm, etc), you are out of luck.

 

[krasi]

Thank you for your answer!! But I'm interested in H2B visas not in H1B. Is it the same situation? I visited USCIS web site and I saw this:

Press Release
March 23, 2007
USCIS REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2007
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the final six months of fiscal year 2007 (FY 2007). USCIS is notifying the public that March 16, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2007. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2007.
The Cap was reached with existing totals received for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2007 that arrive after March 16, 2007.
Petitions for both current and returning H-2B workers do not count towards the congressionally mandated bi-annual H-2B cap. “Returning workers” are exempt from H-2B cap limitations. In order to qualify as a “returning worker”, the worker must have counted against the H-2B numerical cap between October 1, 2003 and September 30, 2006. Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. USCIS will reject petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap. Petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable.
USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay;
• Allow current H-2B workers to change or add employers and extend their stay; or
• Request eligible H-2B “returning workers.”



Does it mean I can start work on the 1st of October or a bit later? This paragraph means there are more H2B visas after 1st of Oct, doesn't it?
Can I request a work start date after 1st of Oct???

(FY 2007). USCIS is notifying the public that March 16, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2007

Thank you for your help!!!! ))))