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Chris Musillo on Nurse and Allied Health Immigration

H-1 Cap Has Been Reached

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The H-1 cap has been reached. As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

 




The H-1 cap has been reached. As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009. USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.




Employees that may need an H-1B visa include:

- International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
- International 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;
- Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exempt organization; and
- Prospective international employees currently living abroad.



International workers who are working here 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 "transfer" cases and may be filed at any time throughout the year.

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  1. anonymous's Avatar
    Hi Chris, I have a question, and I know it is not relevant to this post but it's about you previous post about CIR ASAP. Can you please answer. In title 3 (visa reform) section 304, it's talks about the bar/waiver for unlawful presence. If this bill passes, does this mean that 3/10 yr bar for overstatying visa will be waived? For example, people who overstayed their visa more than a year, left the country and can not come back even if the visa is available (parents being sponsored by US citizen child) due to 10yr bar of unlawful presence, will be able to get a visa and bar will be waived? Please answer.
  2. caroline's Avatar
    Hi Chris,

    If I may please quote:
    "- Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exempt organization; and"

    will I qualify for an H1-B on an F-1 visa even if the course of study I am currently taking is not in any way related to my job offer?

    Thanks.
  3. Chris Musillo's Avatar
    @ Anon- That's a complex question and one that I can't answer in a forum such as this. It would likely be limited to the facts of the case at hand. If CIR ASAP is approved, contact me on email and we an discuss.
  4. Chris Musillo's Avatar
    @ Caroline- It depends on your proposed job and your background.
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