Chat on the H-1B: What Happens When the Cap Is Met?

with Carl Shusterman, Esq.

Quick & Easy FAQ Style Recap
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Question #1:   I am a 3rd year medical resident (on H-1B). Does the cap law apply to me if my future employer is going to sponsor me for H1-B extension and then Green Card?

Question #2: How does the cap being met apply to me if I am transferring my H-1B from one employer to another?

Question #3: If I sent my H-1B application in January and haven't heard yet, and the cap is met before I do hear, do I have to apply again?

Question #4: If my labor certification was already approved, I received notice 2 weeks ago, will the cap prevent the application from going through?

Question #5: If the H-1B cap is met and I've missed the boat, and my L-1 visa is about to expire, do I now have to go back home and wait many months until it is O.K. again to apply for H-1B?

Question #6: I am on a student visa, about to run out, hoping my H-1B will come through quickly. I just heard I can't transfer from F-1 to H-1B. Will I have to leave? What if the cap is met before I get approved? Will they let me back?

Question #7: But INS site says I can't transfer without leaving the country if my school skills are responsible for qualifying me for the H-1B. Is that true?

Carl Shusterman's Answer

Question #8: How long one can stay after 6yrs expiration of H-1B when I-140 is pending?

Carl Shusterman's Answer

Question #9: I am currently on an H-1B visa and also pursuing my MBA. What should I do when I reach the 6 year cap before my MBA is finished?

Question #10: I have applied for I-485, before applying, my H1-B was valid till 09-2001. Will the H-1B Will still be valid till 09-2001?

Question #11: Any news on the H-1B law and when it will get to the president?

Carl Shusterman's Answer

Question #12: What is current status (how long?) for renewing H-1B?

Question #13:  Will the new passed bill in H1 numbers be in effect this year?? Will this effect the cap?

Question #14: My notice date is 1/26/00 on my application. Will I make this cap?

Question #15: After the cap, What happens to those cases which have received RFE?

Question #16: I heard that I can stamp a new H-1B visa without leaving US. Is that true? Where can I do it?

Carl Shusterman's Answer

Question #17: Does that mean the RFE has to reach before the cut off date ?

Carl Shusterman's Answer

Remember to follow-up with these popular and informative articles:

H-1B Visa Page compiled by Carl Shusterman, Esq.

Immigration Advocacy compiled by your immigration guides at Born Abroad

Daily Immigration Headlines at Born Abroad

So What's Going On In the Tumultuous H-1B World?  by Jennifer Wipf.                                       

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