Is there an annual cap on H1B visa petitions?
For the past few years, the entire fiscal year cap is filled on the same day. In fact, it is oversubscribed to such an extent that petitions need to be selected on a lottery basis. Petitions exempt from the cap numbers may be filed at any time during the year, depending upon the needs of the petitioner.
What happens when an H-1B application is revoked?
When approval of an H-1B petition is revoked on the basis of fraud or the willful misrepresentation of a material fact, one number shall be restored to the H-1B cap in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the application was actually approved.
When does the H-1B cap end in Guam?
All H-1B or H-2B petitions for workers in Guam or the CNMI received on or after January 1, 2015, or (if received before that date) with employment start dates on or after January 1, 2015, will be subject to the annual H-1B or H-2B cap unless otherwise exempt. Employers in the CNMI and Guam may still file a cap-exempt petition if:
When is the first filing date for the H1 cap?
For a given fiscal year, the first filing date is April 1. Such beneficiaries subject to the cap can start working the earliest on October 1. However, that does not mean that USCIS is obligated to approve the petition before October 1. USCIS will accept all qualifying petitions for inclusion in the random selection.
When can I file a H-1B cap petition?
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 in the petition. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary.
What is the processing time for cap exempt H1B?
H-1B cap-exempt processing times may vary although on average regular processing takes anywhere from 3-4 months while opting for premium processing can shorten your petition’s processing time to 15 days. Learn more about H-1B transfer premium processing.
What is the process for applying to H1B?
How to Apply for H1B visa with USCIS – Process, Steps Search for H1B Sponsors or Employer that meet your criteria. Apply for jobs at these companies that can sponsor you work visa. Work with employer and have your H1B petition filed.
What is a loose H1B petition?
H1B “Loose” or “Consulate Petition”***: This manner of H1B filing is typical when the H1B employee is physically outside the United States. The H1B petition filing requests that notification of the H1B approval be sent to a specific U.S. consulate abroad. When the USCIS issues the H1B approval notice, the H1B