I have read on the Internet that the H1B visa cap is reached for the fiscal year 2009. If an employer sponsor me for a H1B visa now, then the earliest date I can start working is October 1, 2009. Is that right?
3 Answers from Attorneys
Re: H1B visa
But if your employer is a non-profit or research organization...you are not subject to quota.
Re: H1B visa
While the cap has been reached for the fiscal year 2009 (65,000), there numerous exemptions from the cap.
The cap does NOT include an additional 20,000 visas per year for people who have earned a master's or higher degree from a US institution of higher education.
The cap also does NOT include medical doctors who apply for a specific waiver on the request of an interested Federal or State agency.
The cap also does NOT include individuals who receive offers of employment from at institutions of higher education or related or affiliated nonprofit organizations, or nonprofit research organizations, or government research organizations.
Finally, the cap does NOT include petitions filed on behalf of current H-1B workers. So if an employer is filing to extend an employee's stay in H-1B status, it doesn't count toward the cap.
If the H-1B petitioning process remains the same for fiscal year 2010, employers cannot file H-1B petitions until April 1, 2009 and the earliest start date of employment will be on October 1, 2009. However, the cap is typically exceeded by April 2nd or April 3rd.
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Re: H1B visa
Correct. And even then you will be subject to the quota if the law remains as it is and the filings exceed 65,000.
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