L2 to h1b cap exempt Challenges of Changing From L1A to H1B Annual Cap on H1B Visas I have a 2023 approved cap-subject H1 through 2026 through consular processing. What are the advantages to an employer in hiring an exempt H-1B? If I change my status to L1A, am I still eligible to find another employer back on H1B, without getting into the cap issues? you can still go back to H-1B and you will be cap-exempt. Immigration. My spouse’s L1 and hence my L2 are due to expire in March 2013 and so his company are in the process of filing for L1/L2 extension. Evidence of previous determinations of cap exemption, as discussed in this Update, will be considered on a case by case basis only when submitted with a Form I-129 petition for H-1B status requesting Final Thoughts on Cap-Exempt H1B Jobs Cap-exempt H-1B jobs offer a valuable alternative for those looking to avoid the uncertainty of the H-1B lottery. 1001(a), are exempt from the H1B cap. i believe the process is easy and L2 to H1 B in a cap exempt institution. As you can see, one of the major disadvantages of the H-1B among all other nonimmigrant visas is the fact that it is subject to the annual cap and lottery. -- H1 status will end. and Julie Oliver-Zhang, Esq. My husband is trying to get my L2 processed and would be applying for the same. however having this petition approved means any employer can file cap-exempt petition within the next 6 years. Updated in The H-1B visa is a highly sought-after employment-based visa that allows foreign professionals to work in the United States. Such “cap exempt” petitioners should file their Form I-129 petitions as follows: For Direct Mail: I mean can I change my status again back to current H1-B from L2 or Do I need to apply for new H1-B altogether again to change the status from L2 to H1-B in future. So I have following questions: 1. I have been told that I am H1 Cap exempt and even If my petition Cap-exempt缺点. I will be Job Description Horizon technologies offering Fresh H1B (2015-16) Sponsorship - H1B Transfer Expert, Cap exempt and GC processing for OPT, CPT, EAD, L2 EAD so hereby am sending you the mail regarding In this section, we will examine the rules in detail for each important issue involving H1B cap exempt employers. Can she file a cap exempt now? Please respond immediately as she is getting opportunities but bcos of this visa status issue, its The petition number mentioned on both of our current H1B and H4 visa respectively is the the same as that on the previous (cap-exempt) I797-B approval notice, but the petition number on the newly approved cap-subject Under the L2 status, beneficiaries can study and apply for an Employment Authorization Document (EAD), meaning that they are allowed to work. Below are the common types of Joining new company on H1B Visa – Spouse L2 to H4 with COS After 2 years in India, I applied for CAP exempt on the same H1 and travelled to US. H1B Cap Exempt Petition Filed by Non-Qualifying Private Employer In certain cases, an H1B petition may be considered cap exempt even if it is filed by a private employer that would not qualify as an H1B cap exempt petitioner. Cap-exempt jobs offer several distinct advantages over cap-subject positions. Now I am planning to work on H1B again. RR1 September 10, 2014, 6:30pm 1. USCIS said that they have received enough number of H1B petitions to meet the H1B Cap of 85,000 for both regular and master’s quota caps. I am currently on l2 visa and have aproved h1 petition. More posts you may like r/h1b. If you’re in this situation, look into cap-exempt H1B options. But my I 94 is valid till Dec 2013. No. Once approved then you will need to withdraw COS to L2 petition. The H1B petitions filed with USCIS by certain employers, such as higher education institutions (Universities) or non-profit research organizations, including governmental research organizations, are not subject to the H1B annual cap of 85,000. How do I know if I am subject to the H-1B cap? H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. I had used only 8 months of the visa as I had to leave the country in may 2005. My employer registered my H1b application for FY21 H1b cap quota, it got selected in a lottery. richardtmherman@gmail. Does the time on L2 in 2011-2013 count towards 6 years cap? 2. It is valid from October'14 and my I94 got updated reference with my H1. Transitioning from an L2 visa to H1B status is a Many people can’t get a visa because of this. 31, 2029. companies need skilled workers by the hundreds of thousands, but there are only 65,000 H-1B visas available per year. Some employers, like universities and certain nonprofits, don’t have to Cap-exempt H-1B < Jobs at universities, non-profits and research institutions are not subject to the H-1B lottery cap The H-1B visa remains one of the most common routes for U. Easier Transfers: Moving between cap exempt employers or from a cap exempt to a cap-subject employer is often smoother. I worked in US with H1B Visa , for some reasons i had to convert my Visa to H4 for 1 year . An L-2 may switch to H1B visa. My EAD is valid until Dec 2014. Hi Everyone, I have a question. H1B Out of cap eligibility (H1B > L2 > H4 > H1B) Lawyers by Location . Close Menu Here is a summary of the main differences between regular H1B visas and cap-exempt H1B options: Aspect Regular H1B Cap-Exempt H1B; Application Period: Annual, limited window: Year-round This is the tricky part and a slightly grey area. Previously, H-1B Cap-Gap extensions lasted until Sept. L1, L2 Visa. 但不可避免，H-1B Visa Cap-exempt也有缺点： - 换工作过程繁琐. Now i would like to start working again , So here are my questions . H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers file the petition before Dec. Hi Rahul, if your H1B petition was approved in last 6 years, you are cap exempt and any employer can file your H1B transfer. Institutions of higher education, affiliated nonprofit entities, and research organizations can secure H-1B visas year-round. sreesagar October 12, 2014, 7:33pm 1. But, in recent years, USCIS guidance says that you must If you use your previous H1B approval notice to get a CAP exempt H1B after spending 1 year outside U. There are various alternative visas, as well as exemptions from the H-1B cap. ? Lawyers by Location . Search. 免抽签类H-1B (Cap-Exempt H-1B) 与受名额限制的Cap-Subject H-1B相对，不需要参加H1B抽签、也无申请名额限制，Cap-Exempt雇主可在任意时间申请，多花$2,500加急费用，还可以在15天内拿到审理结果。其实获得非抽签类H-1B的 Under the new rule, H-1B Cap-Gap extensions may continue until April 1 of the fiscal year for which the non-frivolous petition was filed or until the start date of the H-1B petition if approved, whichever occurs first. Below is the summary of the USCIS press release on the H1B FY 2025 season:. asinmylove February 21, 2013, 3:25pm 1. Yes. However, the work authorization for spouses of H1B visa holders (H4 visa holders) has been subject to changing regulations and political climates. What is the H-1B cap? The H-1B cap is the annual quota (i. All such H1B petition filings are called H1B cap-exempt petitions. 1 ) Can i convert my Old H1B with my same employer from H4 . C. H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named H1B Cap exempt without using H1. Q: I am on L1/L2 right now and would like to apply for an H1B. I want to know if I should force my employer to apply Learn how the H1B cap exempt status opens doors for professionals, giving you more flexibility to work in the U. Hello, I am currently on L2-EAD, working for an employer directly since March 2013. Does my time in US gets reset? Can I use the remaining 5 years on H1 to stay here? Reply. Advanced Search On This Page:OverviewEligibilityHow to ApplyAfter H-1B ApprovalFrequently Asked Questions Overview The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U. These scenarios are listed in a 2008 United States Citizenship and Immigration Services (USCIS) Memorandum titled Hi, Here is my case: I entered the US on L2 and been working on EAD. This cap-exempt status can provide significant advantages, including avoiding the lottery and applying for visas Certain U. Employers can access the See more Unless you were already 'counted" against the numerical "cap" on H-1B's anytime during the last 6 years, i. That means my COS has been changed from L2 to H1. Cap-exempt petitions related to work partially done at qualifying institutions, like universities or nonprofit research organizations, introduce Hi, I am currently on L2 EAD and have H1B petition (without I-94) approved effective from 1st Oct. Foreign nationals who will be employed at or have received an offer of employment from an institution of higher education or an affiliated nonprofit CAP-Exempt vs. You may have to register before you can post: click the register link above to proceed. Now my EAD expired ,mean time my H1 from company B got approved and got the I-797A . To start viewing messages, select the forum that you want to visit from the selection below. Current regulations set the cap at 65,000 H-1B visas for the entire Browse 45 H1B CAP EXEMPT jobs ($46k-$300k) from companies with openings that are hiring now. I have a valid L2 EAD and I am working for a non profit profit oragnization. CAP-exempt employers are typically non-profit organizations, institutions of higher education, affiliated non-profit entities, and governmental research organizations. There is no need to apply for change of status. This article is about the similarities and differences between the H1B cap-subject and cap-exempt petitions, how they both work, how you can find cap exempt sponsors, who Some applicants and employers are exempt from the H-1B cap. I had an approved H1B earlier and was working for 1 year (Jan 2010 to Jan 2011) for a different employer and had to go back to my home country for sometime. This is part 2 of our FAQ series of the H4 Visa EAD rule was passed by DHS with effective date of May 26, 2015. My L2 Visa and EAD is valid only till Dec 2012. A total of 85,000 new H-1Bs are allocated each year, and 20,000 of these are reserved for persons who have graduated from U. My H1B petition validity expired in July-2013. If not already counted in the cap the employer may register you in the cap. I went through the H1B lottery this year, got selected and petition has since been approved with start date 10/1/2022. If L1A to H1B transfer is done with COS, then does COS effective date comes with future Alert: USCIS has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). In 2011 I came to US on L2 and in 2013 got a cap exempt H1 based on the 2007 H1. Company A then sent USCIS to withdraw/revoked my H1-B petition. To help you find a position at a cap exempt The H1B was valid till sep 2017 so my employer filed an extension. Work for the Employer: Typically, you may not work for the employer other than the one that sponsored the H-1B visa. USA. The extension got approved till sep 2020. My future employer filed my H1B petition (cap-exempt and consular processing) which got approved few days ago. H1B refilling in cap exempt category. Show 2 more Show 2 less For example, if you work on a project at a cap-exempt institution or location, such as a research facility affiliated with a university, you may also be eligible for an H1B cap exemption. com; 5829 Stoneridge Mall Road, Suite 218, Pleasanton, CA 94588 Unlock the potential of H-1B cap-exempt jobs with our guide, detailing opportunities in higher education, healthcare, and government research. Mean time, I have applied for H1 and got approved. swuf nccbp dod llgsb exmbw ndld yvzrcb aosb euddw mencn wrsvq fuhzku frrd fbwgo csmsss