Legal Question in Immigration Law in Wisconsin

H1B visa

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?

Asked on 5/04/08, 10:45 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: H1B visa

But if your employer is a non-profit or research are not subject to quota.

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Answered on 5/05/08, 11:40 am

Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

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.

If you have any additional questions, you can contact me at [email protected]

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Answered on 5/09/08, 10:53 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

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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Answered on 5/05/08, 12:09 am

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