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.
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.
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