Is it possible that i get h1b visa this year , I am in usa with b1 b2 visa which is valid till october. and it s 10 years visa.

Asked over 1 year ago - Dallas, TX

every site has different answer some says cap is close for this year , some says there is no dead line to it. , please help with this or substitute too. i have sponsor ready who is ready to offer me a job.

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . The H-1B cap was reached on April 5.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . The CAP is over. I do not known what sites you are talking about. The press release is on

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18


    Lawyers agree

    Answered . Except for Guam and CNMI (where H-1Bs are unlimited until the end of November 2014), there are two types of H-1B petitioners: cap-subject and cap-exempt. You will need an employer to file an H-1B petition and there must be a bona fide intention to have an employer-employee relationship.

    Cap-subject petitioners can file petitions only if visas are available. The H-1B quota for Fiscal Year 2014 (Oct 1, 2013 to Sept 30, 2014) has been used up. Therefore, a cap subject employer cannot file a petition for someone who has not been granted an H-1B status within the past 6 years (IOW, someone who is applying for an H-1B status for the first time now cannot avail of an H-1B because there are no visas available at this time). You will have to wait for April 1, 2014 to avail of H-1B visas allocated for FY 2015 (note that the petition can be filed as early as 6 months prior to the availability of the quota).

    Cap-exempt employers can file H-1B petitions anytime. Cap-exempt employers include institutions of higher education, non-profit organizations associated with institutions of higher education, employees of non-profit research organizations, governmental research organizations, and J-1 physicians who have obtained waiver of the two-year foreign residence requirement to serve in medically underserved areas.

    There may be other options applicable to you so please feel free to consult.

    Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street,... more
  4. Anu Gupta


    Contributor Level 19

    Answered . Maybe they can sponsor you for another type of visa. The H1 cap was over in April.

    800-688-7892, Law Office of Anu Gupta. The advice suggested here is for general... more

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