H-1B
04/23/2011 - H-1B Cap Count Update
Current count:
General cap: 8,000 out of 58,200 available (6,800 of the 65,000 total are reserved by treaty for citizens of Singapore and Chile)
U.S. Master’s degree cap: 5,900 out of 20,000
Continued slow usage.
U.S. employers with personnel requirements for highly educated workers, foreign nationals seeking initial H-1Bs.
04/15/2011 - H-1B Cap Count Update
Current count:
General cap: 7,100 out of 58,200 available (6,800 of the 65,000 total are reserved by treaty for citizens of Singapore and Chile)
U.S. Master’s degree cap: 5,100 out of 20,000
Continued slow usage.
U.S. employers with personnel requirements for highly educated workers, foreign nationals seeking initial H-1Bs
04/07/2011 - H-1B Cap Count Update
Current count:
General cap: 5,900 out of 58,200 available (6,800 of the 65,000 total are reserved by treaty for citizens of Singapore and Chile)
U.S. Master’s degree cap: 4,500 out of 20,000
Much slower usage than last year, less than half of the first count. Doesn't bode well for the economy, but good news for potential H-1B employers who expect increased professional hiring needs middle-term.
U.S. employers with personnel requirements for highly educated workers, foreign nationals seeking initial H-1Bs
4/18/2008 - USCIS Announces that Change of Status Will Be Permitted for F-1 Students Applying for H-1B Visas
U.S. Citizenship and Immigration Services has announced that foreign nationals present legally in F-1 student status, but who have had petitions filed for them by employers in the first week of April seeking H-1B status for of fiscal 2009, can change status to H-1B even though their F-1 status will normally expire before the start of fiscal 2009 on October 1. Of course, this will impact only the approximately one-third of H-1B petitions submitted fortunate enough to have been selected for processing in the random lottery.
This provides an enormous convenience to F-1 students seeking to obtain initial H-1Bs and their sponsoring employers (at least to those selected in the lottery). These students will no longer need to leave the U.S. to wait abroad, and then obtain a visa stamp at the consulate before returning to the U.S. When combined with the extensions of Optional Practical Training employment authorization for certain fields in future years, it will avoid any interruption in employtment.
Lottery-selected F-1 students applying for initial H-1Bs and their employers.
Does a Change in H-1B Employer Require a New Visa Stamp?
Q: I changed employers and the new employer filed an amendment to my H-1B - do I need to have my visa stamp amended?
A: Not as long as the current H-1B stamp remains valid. You may simply use the old stamp along with your current-employer approval notice to enter the U.S. (we recommend bringing a recent pay statement from your employer as well). The H-1B stamp will need to be replaced only if traveling abroad after the old stamp has expired.
Recapture of H-1B Time Spent Abroad
Q: Can a foreign national who has used up all six allowable years of H-1B eligibility, and is not eligible for any other provision which allows extension beyond the six years, get back or "recapture" time spent abroad to receive additional time on an H-1B?
A: Yes. U.S. Citizenship and Immigration Services has adopted as official policy a court decision which states that all time spent abroad during the approved period of a nonimmigrant visa may be recaptured, and added to the end of the normally allowable nonimmigrant visa period.
H-1B Allowable Time FAQ (How Long Do I Get on an H-1B?)
Q: How long can I remain in the U.S. in H-1B status?
A: While the base period of time permitted in H-1B status is six years (in increments of up to three years at a time), in some circumstances a longer period of H-1B stay is permitted.
Q: In what circumstances can I get more than six years in H-1B status?
A: There are two circumstances where H-1b status can be extended beyond the initially allowable six years, both of which are intended to accommodate delays in processing for permanent residence.
Traveling Out of the US While Waiting for the First H-1B
Q: I am in the U.S. in F-1 Student Status working with Optional Practical training ("OPT") after my graduation, and my employer has filed for an H-1B for me. What are the consequences of leaving the U.S. before I start work using the H-1B next October 1?
A: The consequences can be fairly significant, and should be discussed in detail with the immigration attorney handling the H-1B before plans are made to depart.
I. Problems With Reentry
How Soon Should We Begin the H-1B Petition Process To Avoid the H-1B Cap?
Q: When must I begin the process of preparing an H-1B petition for filing on April of a given year in order to avoid the H-1B cap and get an available H-1B for the next fiscal year?
A: We strongly recommend beginning the process of assembling an H-1B petition for April 1 filing no later than the end of February - and as early as the beginning of January if possible.
Can I Get an H-IB After the Cap has Been Exhausted?
Q: Is there any way I can get an H-IB even after the cap has been exhausted (are there any exceptions to the H-1B cap)?
A: Yes, it is possible but it depends on your sponsoring employer.
Even if you are not a citizen of Chile or Singapore - countries with H-1Bs held aside for their citizens under treaty - or eligible for the 20,000 additional H-1Bs set aside for people with Master's degrees from accredited U.S. universities, you can still get an H-1B if you get a job offer from an H-1B exempt employer.
