The FAQ on the new H-1 Cap

Re: H1 limit

Originally posted by h1bfate
My wife after working 3 years H1B quit the job and changed the status to H4 and remained for 2.8yrs to take care of kids.
(all 5.8 years she was living in the US)

She now has a job offer and want to know the rules before she sends the papers to the employer/law firm.

How many months/years of H1B will she be eligible to get approved?
How is the 6 years H1B limit calculated? H1+H4 together or just H1 .
Thanks for reply in advance.
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Add all H periods (H-1 and H-4), subtract from 6 years.
Please do not post non quota related issues. I will delete them.
 
H1b tranfer .. cap applies?

May be a very basic question - my current H1b stamp is good for 2.5 more years. If I was to move to another company,

1. Does the cap limitation apply to me?

+++++++++++++++++No.
2. Once I resign from current company, how soon do I have to start with the other company w/o being out of status?

++++++++++++++Your transfer application must have been received by CIS before you resign from the first employer.

3. Is the new H1b receipt from INS enough to start working?

++++++++++++++++++++If you are in status, yes.
Thanks a ton!
 
Re: Re: H1 TRANSFER

Originally posted by operations
University jobs etc. are tax exempt. Private employers are non-exempt. H-1 to H-1 transfers are NOT subject to H-1 cap.
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I work for a university and my H1 was approved when the cap was not reached. If I get a job in the industry will the transfer be subject to cap ???


thanks
Sri
 
Re: Re: Re: H1 TRANSFER

Originally posted by YesYes
I work for a university and my H1 was approved when the cap was not reached. If I get a job in the industry will the transfer be subject to cap ???


thanks
Sri
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I believe you will be subject to the cap, Sri.
 
EAD to H1

Hi,
Thank you for the great resources on this site.

I have been working on EAD for the past one year and my 485 is pending in VSC since July 2002.
Now if i want to go for H1B,will i be counted against the quota?
I have been in U.S totally for 5 years.(4 years on H1 and 1 year on EAD).


thanks
 
Re: EAD to H1

Originally posted by ead485
Hi,
Thank you for the great resources on this site.

I have been working on EAD for the past one year and my 485 is pending in VSC since July 2002.
Now if i want to go for H1B,will i be counted against the quota?
I have been in U.S totally for 5 years.(4 years on H1 and 1 year on EAD).


thanks
Click to expand...


Looks Quota-exempt to me.
 
No

Originally posted by asvar
Hi, I have H1 valid till 03/31/2004 with Company A. I did not use it. I am working in US on TN with Company B. Company C is ready to apply for H1 for me. Can I use my unused H1 for transfer?
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No, but you should be exempt from the cap.
 
Re: Urgent please help

Originally posted by bronxboy
Hi,

Myself and my wife are on H1-B, we both are working for two diff companies. My six year period was going to complete on april 2, 2004, based on the greencard filing my extension for 7th year was filed on nov 10, 2003 and still on pending.

My wife is doing her residency, and her H1b as well as residency are going to be completed on june 30th 2004. I am planning to change her status to H4 after completion of her residency.

I heared there is no premium processing for H4 status.


++++++++++++++++++++Correct.

I am planning to change my pending H1-B application to premium processing so that I can simultaneously apply for my spouse H4(stating the effective dates from July 1st 2004).

My question:

Since she is ON H1-B now, and If I apply for her H4 status for future effective from July 1st, 04, is that possible to do so or will there be any problem. Once her H4 is approved will her H1-B status will be invalid though we mentioned her H4 status to be effective from July 1st.


++++++++++++++++++As far as I remember, the Form I-539 does not give you the option of mentioning start dates (unlike the H-1 forms).
Assume her H4 is approved effective from July 1st, can I send that for visa revalidation in US. She is planning to travel in Aug, your advice is highly appreciated.
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H1 then AOS then H-4, now plan for H-1

I was on H-1 from 10/2000 to 01/2002, then change to AOS status (with I-485 EAD card), then my AOS was forced to be abandoned (due to a trip without AP, a painful experience) and my status was changed to H-4. I havent been outside of US for longer than 2 weeks since 2000. Now my prospective employer plans to file H-1 for me. Am I going to be subject to the cap? It is a new employer though.

Thanks,
 
Re: H1 then AOS then H-4, now plan for H-1

Originally posted by henry_s
I was on H-1 from 10/2000 to 01/2002, then change to AOS status (with I-485 EAD card), then my AOS was forced to be abandoned (due to a trip without AP, a painful experience) and my status was changed to H-4. I havent been outside of US for longer than 2 weeks since 2000. Now my prospective employer plans to file H-1 for me. Am I going to be subject to the cap? It is a new employer though.

Thanks,
Click to expand...


Not subject to cap.
 
What is the state of H-1 B quota for year 2004-5

In other words when we can expect that quota for year 3004-5 would be over, what is the current state, I mean how mnay H-1B is in pipeline. Any info in this regard would be very useful
 
I'm currently on an F-1 visa and would be graduating in June. I have applied for an OPT and am expecting it by June 29. I've also got a job offer that i'm hoping to take up after graduation (in June). Therefore I'd also be applying for an H1B soon.

However, I am really keen to go back to India for a month before joining my job. Therefore, my questions are as follows:

1. When will the 2005 cap finish given that applications have been pouring in since Apr 2004 (i'll only be able to file in Aug 2004 after coming back from India) Will the cap be exhausted by then?

2. Can i file for H1B premium processing now (on F-1 and awaiting OPT), hopefully get my approval in 15 days and then go to India for a month? I have heard that doing the above is risky because USCIS might not let you enter until Oct when the H1B is stamped? Is there a conflict in this?

3. Can one leave the country before the OPT arrives on their F-1. Does a conflict arise when i come bak from India because they'll be able to see that i've applied for an OPT?

Pls advise. Look forward to hearing from you soon

Nish
 
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