Advance Issues On H1B

[Naresh Gehi]

I am placing some of the frequently asked questions which can be helpful for H1B applicants and H1B visa holders.

What is the H-1B Cap?
The H-1B cap is a numerical limit set by Congress as to how many workers may be admitted to the United States as H-1B type visa holders or may change from one status, such as B-1, F-1, J-1, etc., to H-1B.

What is the cap limit currently set at?Currently, the cap is set at 65,000. Of this 65,000, 6,800 spots are reserved for citizens of Chile and Singapore under Free Trade Agreements.

Furthermore, the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters' or higher degrees will be exempt from any fiscal year cap on available H-1B visas.

What happened to the unused reserved spots for the citizens of Chile and Singapore?
Unused Chile/Singapore visa numbers for a particular fiscal year are to be used within the first 45 days of the next fiscal year.

If I hold an advanced degree from the US, like a master’s, does this mean I will have to be one of 20,000 people to petition in order to have an application approved?
No, you may try to use the regular quota first if it is available.

Who is exempt from the H-1B cap? (not an inclusive list) The following H-1B applications are not subject to the cap:

* Applications for extensions of H-1B status.
* H-1B petitions for concurrent employment where the alien worker is presently in H-1B status that is subject to the cap.
* H-1B petitions to change employers if the alien has been subject to the quota in the past six years.
* H-1B applications sponsored by institutes of higher education (or a related or affiliated nonprofit entity), government or nonprofit research organizations.
* H-1B applications for physicians who received J waivers under a Conrad State 20 Program.

How soon can my prospective employer file an H-1B petition for me after a job offer is extended?
The earliest one can file for H-1B visa/status is 6 months prior to the employment date written on the petition.

source:http://www.immigrationquestion.com/adva ... -h-1b.html