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Life after this years H1B Cap

H1B Cap - what is it ?
The FY 2004 H1B Cap (quota) is currently set at 65,000 available H1B visas for the period: October 1st, 2003 through September 30th, 2004. Applications can be resubmitted for FY 2005 H1B employment from April 1 this year, and H1B visas will be issued/employment can commence from October 1, when the next fiscal year begins.

H1B Cap - who does it affect? What are the options now this years H1B cap has been reached?
Many of you are asking the above question at this time and, as an Immigration Lawyer, the current time has been one of my least favorites for obvious reasons. I have had to relay the news regarding the recent H1B cap announcement by the U.S. Citizenship and Immigration Services (USCIS) to several corporate and individual clients.

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A barrage of telephone calls from clients, employers, boyfriends and girlfriends of clients as well as numerous emails from non-clients has prompted me to summarize some options for H1B hopeful candidates.

First of all, let me start by reiterating that the cap only affects new Hs or first-time employment cases.
The H1B Cap does NOT include or affect
petitions for extensions of stay, changes in conditions of employment for current H1B workers, change of employers (transfer) for current H1B workers and concurrent employment for a second H1B position.

Also, petitions for new H1B employment are NOT subject to the cap IF the alien will be working for a non-profit organization, a governmental research organization or will be employed at an institution of higher education.

The question remains, given the above information, what can one do to preserve one’s immigration status in the US or to legally enter the US before October 1, 2004 to work?

I would encourage each candidate to seek a consultation regarding other immigration options to include non-immigrant and immigrant options. An L-1A visa may be an option for those who have worked for a company abroad affiliated with a US company; a TN visa may be desirable for others who are citizens of Canada or Mexico; a student visa may be an option for those who wish to further their education and obtain an H1B visa in a future fiscal year; a J visa may be the best alternative for those willing to return to their home countries to satisfy the two year foreign residency requirement.

There are several family-based options also to consider which may include marriage to a US citizen, a fiancé visa, an immediate relative petition and a petition filed on behalf of a brother or sister.

There may also be immigrant options such as the national interest waiver, outstanding researcher, outstanding professor, extraordinary ability alien, labor certification, and other business related options.

There are options available but each person’s immigration history is different and, therefore, each case is different. What works for one person in terms of options may not work for his friend or colleague (even if he feels their cases are similar!)

A thorough and detailed consultation by an experienced professional should provide a few options from which a client can make a well informed decision. The final decision about which avenue to pursue should be the client’s decision; the attorney is there to recommend and guide each client.

Provided by:

Law Offices of Neena Bohra, Esq.
2901 Cityplace Blvd West
Suite 517
Dallas, TX 75204
Tel: (214) 526-6688

neena@neenalaw.com

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SEE BELOW FOR ADDITIONAL INFORMATION ON THE H1B VISA PROGRAM:

>> THE H1B VISA - OVERVIEW

>> FIND OUT IF YOU QUALIFY FOR AN H1B VISA

>> H1B JOB SEEKER SOLUTIONS/RESOURCES

>> THE H1B VISA APPLICATION PROCESS

>> H1B PREMIUM PROCESSING APPLICATION SERVICE

>> H1B SPONSOR / EMPLOYER LEGAL OBLIGATIONS

>> HOW TO EXTEND / REVALIDATE YOUR H1B VISA

>> HOW TO TRANSFER YOUR H1B VISA TO A NEW EMPLOYER/SPONSOR

>> HAVE MULTIPLE H1B VISAS for DIFFERENT EMPLOYERS

>> HOW TO CHECK THE STATUS OF YOUR VISA

THE BEST H1B JOBS WITH THE TOP H1B SPONSORS

US IMMIGRATION NEWS - Law changes and Updates

How To Form a US Company?


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