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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.

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.

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Attorney answers 4

Posted

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: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer, Mary!

Asker

Posted

Thank you so much Mary .. That is so kind of you for such a detail answer, can u plz tell me what other options are.

Asker

Posted

Please advise ... what do you mean by other options?

Posted

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

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

They says that they have increase cap , as per the demand of some companies , I read it in latest h1b news

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

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

800-688-7892, www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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