J1 waiver and H1B cap

yes they are.

check this news:

http://www.usvisainfo.com/pageDisplay.php?docID=87&a=104

a relevant part of this news ........

.............. Persons who hold another visa status, such as J-1 or F-1 students, and are seeking to change their status to an H-1B, typically are affected, as are new H-1B hires from abroad who do not currently have a valid H-1B visa. Specifically:

H-1B cases subject to the cap include applications for initial H-1B employment, unless the employment is with universities and non-profit research institutions, which are typically exempted from the cap. · Applications for extensions of stay, change of employer or concurrent employment for current H-1B visa holders do not count against the cap unless the employee is moving from an exempt employer (e.g., a university) to a non-exempt employer (e.g., private corporation). · In addition, cases for applicants who have held H-1B status in the previous six years, even if not in current H-1B status, should not count against the cap unless the applicant is eligible for a full six-year stay. .........................
 
h1b cap

Hi,

I am not too sure about this.
murthy`s website and shusterman`s website say they are exempt.
They were exempt before the cap was down to 65000.
BCIS did not mention anything about state 30 while reducing the cap.
so the confusion.

Hope this helps
 
I did check out Pederson's website at usinfo.com which definitely seems to indicate that J1 physicians will be subject to the cap. Some of the other websites as mentioned by amar states that physicians will be exempt. So I guess this point is open to interpretation but obviously has notable implications for those applying for H1B status on the basis of a J1 waiver for 2004. What happens if one does get a waiver but the cap is reached (assuming that J1 extension is not granted)? Does one go back and reapply for an H1 on the basis of the same waiver??
 
i agree with amar that J1 physicians were exempt from the cap when the H1 quota was 165, 000. at that time, it was stated:
"the quota does not appply to training obtained in US"
so all the j1 were exempt.

since H1 came down to 65000 this yr, i am not sure.

As for nephdoc's question: ********
What happens if one does get a waiver but the cap is reached (assuming that J1 extension is not granted)? Does one go back and reapply for an H1 on the basis of the same waiver??
***************

even if cap is reached, one still needs to apply for H1 soon, so that when the quota for next year (2004-05) is released in oct 04, their H1 is already pending. This way their H1 will be released earlier than if it was filed fresh in Oct
 
appreciate j1 victim's input. would one be allowed to stay on till october if the cap runs out and j1 extension is not granted ( as I am told that j1 extension will not be granted if a waiver is approved).
 
nephdoc wrote
***********
would one be allowed to stay on till october if the cap runs out and j1 extension is not granted ( as I am told that j1 extension will not be granted if a waiver is approved).
**************

YES. as long as your petition is pending with BCIS, u will not be illegal.
catch word here: ****pending petition.******

you may email me at:
j1victim at yahoo.com

***************************
note: personal opinion only
 
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