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H1B Visa 2018-2019 Quota Updates and question

by Dave Brown - 05-02-2019

"H1B Visa 2018-2019 Quota Updates and question"

USCIS will begin accepting H-1B Visa applications for FY 2018-2019 cap subject petitions beginning April 1, 2018. The earliest start work date will be October 1, 2018. H1B Visa Quota � FY 2018.June 11, 2018, USCIS received a sufficient number of petitions to reach the h1b visa quota/ cap for FY 2018.USCIS also received more than 20,000 H1B visa quota based petitions. USCIS will reject petitions subject to the h1b visa quota for H1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2018.The USCIS anticipates that the H1B annual quota (cap) for fiscal year 2018 (FY 2013-14) could be finished by April 5, 2018.
USCIS has further indicated that given the high number of H1-B petitions that are expected this year, Premium Processing of H1-B cases will commence on April 15, 2018.

Will there be Lottery for H1B Visa 2014?

This is very important question by many H1B seekers .On April 5, USCIS announced that they received over 85,000 H-1B petitions, exceeding the annual caps. Due to very high demand and hype for H1B workers, we had lottery in some of the previous years. As done in previous years, here is our analysis

How soon can I start working on H1B visa 2014 fiscal year?

Start working from October 1st, 2018, if you have an approved H1B petition. You may need to get H1B visa stamping done, if you file your petition from overseas and wish to come to America on H1B visa.. Unlike, if you are filing for a COS by staying in US, you can start to work without leaving US for H1B visa stamping.

How to determine if your H-1B Petition is Subject to the 2018 Cap

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in fiscal year (FY) 2013.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count toward the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process FY 2013 petitions filed to:

        Extend the amount of time a current H-1B worker may remain in the United States.
        Change the terms of employment for current H-1B workers.
        Allow current H-1B workers to change employers.
        Allow current H-1B workers to work concurrently in a second H-1B position.

I have a U.S. Master's degree. What happens if the master's cap fills up but the regular cap remains open? If the master's degree cap fills, but the regular cap remains open anyone applying with a U.S. master's degree or higher will be added to the regular cap category. There will be no difference in the adjudication process.

I've already been approved for another work visa, such as the O-1 or TN, will I still be subject to the H-1B cap?

Yes, even if you've already been approved for another work visa, such as the TN Visa, L-1 Visa, or O-1 Visa, you will still be subject to the H-1B cap. That means you are also still subject to the April 1 filing window and the October 1 start-date. This should be taken into consideration in case a strategy needs to be developed in order to maintain legal status in the U.S.

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