Legal Question in Immigration Law in Delaware
is F1 students subject to H1B cap
i am on F1 and will be moving to H1 soon as i have a job offer , i was intl student on F1 i want to know if iam subject to quota for H1 or Intl students are exempted
3 Answers from Attorneys
Re: is F1 students subject to H1B cap
You will be subject to the cap since your H-1B would be new employment. As of April 1, 2004 you can file the H-1B application with a start date of October 1, 2004. Have you done your OPT?
Re: is F1 students subject to H1B cap
You are subject to the cap if it is a new H-1B unless you are going to work for an orgnization that is an institution of higher education (or one affiliated with same) that would be exempt from the H-1B cap. Note however that individuals have been applying for an October 1st start dates since April 1st, 2004. For more information on the H-1B nonimmigrant visa process, please feel free to contact our office at 201-236-9998 (x100).
Re: is F1 students subject to H1B cap
You are not exempt! The H cap is for ne H petitions and a change of status to an H from an F is definitely a new H petition!
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