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  • H1B Visa Cap?

    Hi,

    I've read many sites about H1B visa cap and the cap reach date and I'm still confused about it. I need some help to understand it.

    For instance, for the fiscal year of 2015, the H1B cap reach date was April 7, 2014, and it started on April 1, 2014.
    Does it mean in order for me to work on 2015, I need to get a sponsor between April 1 and 7 of 2014?

    or Does it mean companies request H1B visas between April 1 and 7 of 2014 even though they didn't use all the H1B visas they got, and they can sponsor people at any date?

    I received a H1B visa on January of 2004 to start working on February of 2004. The company that hired me is not cap exempt and they only interviewed me on December 2003. However, the cap for the 2004 fiscal year reached on October 1, 2003. So, how could that be?

  • #2
    Hello, Demyaorca.

    I am sharing what i understand of the H1B process - i hope it helps.

    In April of each year, a draw is conducted by USCIS to select applications for granting H1B visas. Quota for each year is 65K. Depending upon the economy, this number of 65K is achieved in days or weeks or on the opening day itself.

    Once someone is selected in the draw and granted I-797 approval, that individual is good to work in USA from that year's October onwards. Some companies might apply for a date later than October (for the worker to start work), depending upon their need.

    Generally, the interviewing and hiring happens before April of each year - so that companies can send in their petitions to USCIS on April 1 of each year. So, the sponsor / employer is ready with the candidate at this point (in April) - he just has to send in the paperwork to the USCIS for processing.

    Finally, a fresh H1B applicant can only commence work earliest by October of the year his petition was approved. For an applicant who already has an H1B, there is no April or October timeline - he could anytime have his petition filed and start work. E.g.: A Chinese Software Engineer gets his H1B approval to start work in October 2014. After 6 months (March 2015), he decides to go back to China. Now, 1 year later, he wishes to come back to USA - so, in March 2016, he need not wait for a draw (as he is cap exempt) or October of 2016. He could immediately, upon finding an employer / sponsor, have his petition filed and begin work as soon as the the petition gets approved.

    I hope this helps.

    Personal opinion. Wishing you luck.

    Cheers,


    Originally posted by demayorca View Post
    Hi,

    I've read many sites about H1B visa cap and the cap reach date and I'm still confused about it. I need some help to understand it.

    For instance, for the fiscal year of 2015, the H1B cap reach date was April 7, 2014, and it started on April 1, 2014.
    Does it mean in order for me to work on 2015, I need to get a sponsor between April 1 and 7 of 2014?

    or Does it mean companies request H1B visas between April 1 and 7 of 2014 even though they didn't use all the H1B visas they got, and they can sponsor people at any date?

    I received a H1B visa on January of 2004 to start working on February of 2004. The company that hired me is not cap exempt and they only interviewed me on December 2003. However, the cap for the 2004 fiscal year reached on October 1, 2003. So, how could that be?
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Thank you Nattybone for the explanation.

      Do you know if a student with F1 visa is cap exempt to get a H1B visa?

      Comment


      • #4
        Hello, Demayorca.

        F1 people are not cap-exempt. But, in H1B quota of 65K, there is some number of petitions reserved for F1 applicants only. So, there is some preference for F1 candidates for H1Bs.

        I hope this helps. Wishing you luck.

        Cheers,

        Originally posted by demayorca View Post
        Thank you Nattybone for the explanation.

        Do you know if a student with F1 visa is cap exempt to get a H1B visa?
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment


        • #5
          Hi Nattybone,

          Can a F1 student get a H1B visa on February or March of 2015 and start working immediately or she/he will have to wait until October 2015?

          Comment


          • #6
            Originally posted by demayorca View Post
            Hi Nattybone,

            Can a F1 student get a H1B visa on February or March of 2015 and start working immediately or she/he will have to wait until October 2015?

            Is your course not eligible for OPT/CPT?

            A fresh H1 can start only from Oct 2015. Also, to correct Natty, in addition to the 65 K there is 20K visas reserved for US Masters degree holder, again not all Masters courses qualify for this 20K quota.

            The cap opens on 01-April of each USCIS Fiscal Year for intake into next Fiscal Year. So on 01-April-2015 the cap will be open for 2016 Fiscal year starting on 01-Oct-2015.

            The window will remain open for at least a 1 Week or at max till the cap is filled/year closes. If during the first week if the number of applications received exceeds the number of visas available, then there is a lottery. For eligible US Master's holders, they would get two shots, if one does not get through the first lottery for 20K, then they would be re pooled for the remaining 65K along with non Masters.

            Read details at : http://www.uscis.gov/h-1b_count

            This is my opinion not legal advice.

            Comment


            • #7
              ???

              Hi Nattybone,

              Can you tell me how you know that: "there is some number of petitions reserved for F1 applicants only. So, there is some preference for F1 candidates for H1Bs." I made some research and couldn't find any information confirming that. Can you expand this subject a little bit?

              Thanks.

              Comment

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