J1 to H1B nonimmigrant status change affected by cap?

Bandido

New Member
Does anybody know if when I want to change my nonimmigrant status from J1 to H1B without getting another visa is still affected by the cap for new H1B visas?

I appreciate any help...
thanks
 
you will first need the waiver to apply for the H1B. as of now, H1BS through conrad 30 are exempt from cap, those thro' HHS are exempt if they r research or affiliated to a university, some VA ones are exempt too. there is a bill in congress to get them all exempt. it hasn't been passed yet. check out shusterman.com.
 
First of all thanks for your answer...

do I always have to apply for a waiver? I thought only if I belong into one of those three categories!

and what does H1BS mean? To be honest I don't really understand, what you said in the second part... What kind of H1Bs are not affected by the cap?

thanks again
 
you will need a waiver if you are subject to the home country return requirement. if you are from the medical profession, you will not be subject to the H1B cap if you apply through conrad 30 or research. if you r not from the medical profession, i guess jobs in the non profit sector are not subject to the cap.
 
I checked again, I am not subject to the home residence requirement...

Now I only need to know, Can I change nonimmigrant status to H1B or would this status change be subject to the cap???

HELP!!!!
 
being subject to the H1B cap depends on who is sponsoring you. there r certain categories that are excempt from the cap like non profit organizations. it might be worth checking with a lawyer first about which categories are exempt and then finding a job with such an employer.
in the medical field, affliation to a university, research based organizations and conrad 30 applications are exempt from the cap.
 
how do u check about the home residence requirement ?? Do u have any link for that ? ?

chers
rtom



Bandido said:
I checked again, I am not subject to the home residence requirement...

Now I only need to know, Can I change nonimmigrant status to H1B or would this status change be subject to the cap???

HELP!!!!
 
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