Can a cap exempt employer file cap-subject H-1B?
An employer may file a cap-exempt H-1B petition for an employee if they previously held H-1B status in the United States and they haven’t used their six years of status. The petition would be for the remainder of the employee’s allowed time in the United States. Yes, as he has not used up his 6 years allowed on H1B.
Which employers are exempt from H-1B cap?
10. Who is exempt from the H-1B cap? Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit.
What does H-1B cap exempt mean?
Being eligible for cap-exempt employment offers those seeking to employ H1B workers or those seeking H1B status a significant advantage over cap-subject H1B applicants. The H1B cap prevents many people who otherwise meet the requirements for H1B status from obtaining an H1B visa each year.
How can I get a job and cap exempt from H1B visa?
In order to satisfy the requirements of this nonimmigrant visa, the job must require at least a specific bachelor’s (four-year) degree, and the worker must have a relevant U.S. bachelor’s degree, foreign degree, or equivalent education and/or experience.
Can a revoked H-1B be cap exempt?
A new H1B employer may file a new cap exempt H1B (which was never used to travel) on a H1B revoked after October in the year of filing.
Is H-1B transfer cap exempt?
Can you transfer H1B cap exempt to cap? If your original H1B employer is a University or a affiliated non-profit organization, you were not counted against the H1b cap. Let say a private company wants to hire you. Your new employer will need to sponsor a new cap-subject H1b petition for you.
Are all nonprofits H1B cap exempt?
H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C), are exempt from the H1B cap. A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research.
Which companies are cap exempt?
H-1B visa cap-exempt employers include:
- Institutions of higher education;
- Non-profit entities which are “related to” or “affiliated with” institutions of higher education;
- Non-profit research organizations;
- Government research organizations.
Can I change employer after H1B lottery?
Your H1B is picked in the lottery – meaning it’s not approved yet. It merely means USCIS will review your application and give a decision. You can change employer with a H1B transfer ONLY after you receive the approval from USCIS.
Can a revoked H1B be used by future employer’s?
No, a revoked H1B cant be used by future employer. If you have existing H1B active, you get non cap H1B petition benefit, but revoked H1B releases the benefit if cap exempted quota.
Is concurrent H-1B subject to CAP?
3. Concurrent H1Bs – How Many Can You Hold? There is no statutory limit on how many Concurrent H1B’s an individual can hold simultaneously. However, the H1B worker should be careful to show that he or she is not working too many hours and is maintaining valid H1B status at all times.