H-1B CAP OPENS APRIL 1
The Fiscal Year
2014 (FY2014) H-1B cap season will begin on April 1, 2013. Last year (FY2013),
the H-1B cap moved quite quickly. The H-1B cap was reached in June 2012, about
five months faster than the prior year.
From 2009-11, the
H-1B cap remained opened for at least one-half the year. For the prior three fiscal years (FY
2006-08), the H-1B cap was reached on the very first day of filing.
It is unknown what
the FY2014 H-1B demand will be. After speaking with clients and other
immigration attorney-friends, MU Law expects that the H-1B cap will move
quicker than last year, and will be reached in April.
If you are
considering filing an H-1B cap-subject petition, MU Law urges you to begin that
workers who are working in the U.S. on an H-1B visa with another cap-subject
employer are not subject to H-1B cap. These cases are commonly referred to as
"H-1B transfer" cases and may be filed at any time throughout the year.
need a "cap-subject" H-1B include:
students working on an EAD card under an OPT or CPT program
after having attended a U.S. school
employees working on a TN may need an H-1B filed for them in order for them to
pursue a permanent residency (green card) case
international employees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers
with a cap exempt organization
international employees currently living abroad
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