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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The CAP is over. I do not known what sites you are talking about. The press release is on USCIS.gov.
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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.Ask a similar question
Maybe they can sponsor you for another type of visa. The H1 cap was over in April.
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