J1 visa holders with waiver subjected to H1-B cap.

[disha12]

I need some strong confirmation whether j1 visa holders with waiver are subjected to H1-B annual cap or no, as I read some threads which say they are not while some say they are.Please someone give me a confirmation as H1-B cap is already over and I am still waiting for my waiver.
Thanks in advance.

 

[nemu]

Never heard of J1 being connected to H1b cap. I know there is no cap for employment in nonprofit organizations (like if you were employed as a university professor).

 

[bhoray]

J1 visa holders who obtained a waiver are not subject to the H1b cap !

 

[nemu]

Ok. J1 physicians receiving waivers of J-1 home residency requirements as a result of agreeing to serve in underserved communities are not subjects to the cap and graduates draw numbers from a “bonus” allotment of 20,000 visas

http://www.visalaw.com/06jun1/3jun106.html

But not just any J1 with a waiver....

 

[hadron]

The exemption for physicians with a J1 waiver through practicing in underserved area was part of a senate bill re-authorizing the program.

If you obtained a graduate degree on H1b you can file under the 20k allotment.

Anyone else is subject to the cap unless they work for a university.

 

[jainonj1]

See this link:

http://www.usavisanow.com/h1bnewsquota.html

It clearly says that

"In addition, The following 5 scenarios are not subject to the annual quota. You can apply now for an H-1B Visa if:
Employer is an institution of higher education (College or University).

Employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University).

Employer is a nonprofit research organization or a governmental research organization.


You are a J-1 nonimmigrant alien who received a waiver of the 2-year foreign residency requirement.

You have been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status (H-1B Renewals and Transfers)."

I really dont trust sites which dont have a .gov extension for these matters. Even Mr. Rajeev Khanna has no idea about it. He is sure for physicians but not for others.. any experience holders out there?