Monday, April 8, 2013

MU VISA ADVISOR: H-1B CAP HAS BEEN REACHED

MU VISA ADVISOR: H-1B CAP HAS BEEN REACHED

On Friday the USCIS announced that the H-1B cap has been reached.  The USCIS will hold a lottery and return any petitions for Beneficiaries who do not win the lottery along with all filing fees.

F-1 students who wish to use the "cap-gap" rules must be lottery winners. F-1 students who do not win the lottery must exit the US at the conclusion of their F-1 period. 
H-1B cap-subject petitions 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
 
* Prospective international employees currently living abroad

H-1B petitions that are not subject to the H-1B cap include:

* H-1B extension petitions

* H-1B transfer petitions

* Certain H-1B petitioners for University employers

* Certain H-1B petitions for Non-Profit Research organizations

Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor or any other immigration issue. 


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