H1b quota how does it work

For employers who are subject to the cap and because the cap may be reached early every year , it is best to submit the H-1B application in April for the start of the new fiscal year on October 1 when the new batch of 65, H-1B visas become available. It is important for an employer to understand that the H 1B is employer-sponsored, which means that they are responsible for submitting the petition to the USCIS.

As a prospective employee, you may want to consult with an immigration attorney about a particular position before your job interview to prepare for any questions the employer may have about your work eligibility. However, most F-1 or J-1 students will find it advantageous to obtain Practical Training or Academic Training to begin working as soon as they are offered the job since cap subject employment may not start until October 1st, and since H-1B employment may not be possible due to the cap.

Department of State. If this two-year requirement does not apply, you are eligible for H-1B status if you meet other eligibility requirements. If you are uncertain as to whether this requirement applies to you, consult with a BIO Adviser. Yes, it is possible for an employer to apply for the H-1B on your behalf while you are residing outside of the U. Once approved, you would obtain the H-1B visa stamp at an U.

An H-1B approval is employer-specific. It permits an H-1B status holder to work only for the employer that filed the petition. If you decide to change employers, the new employer must apply for the H-1B on your behalf. Consult with an immigration attorney if you are planning to terminate your employment or learn that your employment is being terminated.

The H-1B is also position-specific. Therefore, if your H 1B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer is required to submit an amended petition to the USCIS.

An immigration attorney can advise you about the eligibility requirements for these immigration categories. However, an attorney cannot guarantee success of an H-1B application nor can an attorney obtain an H-1B for an unqualified person.

In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B. Dependents of H-1B status holders legal spouse and children under age 21 can apply for H-4 status. H-4 status holders are not eligible to work except in limited situations. Skip to main content. H-1B Frequently Asked Questions. What is an H-1B? What kinds of occupations qualify for H-1B status? You cannot work but you can remain in the U.

The cap gap extension of F-1 status is automatic. To obtain a new I as documentation of your Cap Gap extension, follow these steps:. Request a Cap Gap I An advisor in ISS will print a new I for you that indicates the extension of your F-1 status and if eligible extension of your OPT employment authorization within a few weeks.

The extension benefit is automatic, so you can continue working if eligible and remain in the U. Only your employer can provide accurate, official updates regarding your H1-B application. A student does not file a separate application for the extension or receive a new EAD to cover the additional time. Students can request a new I showing the cap-gap extension, but the updated Form I is not required for a student to continue working.

No, the cap gap extension is only until September On April 5, , USCIS announced that they received sufficient H-1B petitions to reach the statutory cap amounts for both the regular cap and masters cap. They further announced that they will be conducting a lottery to determine which applications have a shot at cap.

On March 15, , USCIS announced that based on feedback from a number of stakeholders, they anticipate possibly receiving more petitions than are available under the cap between April 1st and 5th. Any cap-subject applications received after that date will be rejected.

USCIS announces that they have received enough cap-subject petitions to reach the limit of 65, Put our H1B Visa Attorney experience to work for you. Contact us to discuss your case: , email us or fill out the contact form above.

H1B Visa Quota Update. Track the H-1B Visa cap count from past years — See below! Is it true that a certain number of H-1B visas are set aside every year for citizens of Singapore and Chile? Yes, this is true! If 6, H-1B visas are set aside for nationals of Chile and Singapore, does that mean there are really only 58, regular cap H-1Bs available to everyone else?

Are H-1B Visas still available? Do I have to submit my application by October 1? What has been the trend over the past few years in regard to how quickly the H1B cap has been filled? What is the H-1B Visa lottery? If my petition is not selected as part of an H-1B lottery, what happens to the petition and the filing fees? March 12, On March 12, , USCIS announced that they would accept cases beginning April 1st and that they would begin processing cases filed via premium processing no later than May 11th.