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Attorney_22

H1B Cap and the New Registration Process

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This week, Murthy Law Firm attorneys will answer questions about H1B cap-subject filings and the new registration process for FY2021 cap-subject filings.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.
 

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With respect to the new registration process, what documents will be required to complete electronic registration during March 1 - March 20 period? 

Also is it fine if the beneficiary is temporarily outside the US and comes back anytime between March 1 to March 20? 

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On 1/19/2020 at 1:45 PM, Kumargk said:

Does this allow multiple H1B applications from two unrelated employers for same position...

I am having same question? Does anyone know this yet? or still not clear?

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On 1/19/2020 at 1:45 PM, Kumargk said:

Does this allow multiple H1B applications from two unrelated employers for same position...

USCIS has stated the following in regards to the situation you are inquiring about: 

As long as there is a legitimate business need for each petition/petitioner and there are two real and
separate job opportunities, then each entity can submit a registration for the same beneficiary. Each
petitioner must be able to establish the legitimate business need. If not, the petitioner will risk
having the approvals for all the cap-subject petitions filed by “related entities” for the same
beneficiary denied or revoked.

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If a candidate moved out of USA on April11,2019 after completing 6 years. Can that person participate in H1B lottery process this year with new registration system?

- how the one year limit be counted - start date of registration process or the petition filing date (with new process employers will be given 90 days to file petitions for lottery selected candidates)?

As petition can be filed in APR 2020 and after 10-APR-2020, when candidate completes one year outside USA.

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2 hours ago, Ravi Mahlan said:

If a candidate moved out of USA on April11,2019 after completing 6 years. Can that person participate in H1B lottery process this year with new registration system?

- how the one year limit be counted - start date of registration process or the petition filing date (with new process employers will be given 90 days to file petitions for lottery selected candidates)?

As petition can be filed in APR 2020 and after 10-APR-2020, when candidate completes one year outside USA.

Previously, the one year period was counted from the first day the person is outside the U.S. to the day the future benefit was requested. However, it is not clear at this time how USCIS will proceed regarding the new process and when someone must be eligible.  

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On 2/3/2020 at 10:50 PM, cyberlord said:

Is this only applicable for cap-subject petitions? What about cap-exempt petitions?

Registration is only for cap-subject petitions. 

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Case: H1B cool off

My H1 is nearing Maxout and I am planning to travel back to India after 15th March 2020.

Question:

I am aware of the 365 days cool off period so was planning to travel before 1st April 2020 to be eligible to apply for H1B for year 2022 Cap. But with the introduction of new H1B registration process which will be from 1st March – 20th March, will I be still eligible to apply for H1B for fiscal year 2022 Cap?

 

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Currently I am working with US based MNC as contractor for last 10 months in L2 EAD. The same MNC company is willing to sponsor my H1B visa this year march 01 (FY21)and convert me as Full time employee but they said they will change to full time only if I am selected in lottery, my question is,

1.Should I be converted as Full-time employee before they register for H1B on March 1 ?

2. Or is it fine If they change me as Full time employee after getting selected in lottery process?

Can you please clarify this? Thanks in Advance

 

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Hi, I had H1b through Company A, i went to USA though Company A in Mar2014 and that petition is valid till Jan 2019.

Meanwhile in Mar2016 i resigned my job in Company A and i transferred my H1 to Company B in Mar2016. So, company A was revoked my H1 since i resigned in Company A in the month of Apr2016.

But after five months(Aug2016) my H1b petition was revoked because of some fraud happened in Company B. When i know this information from the Employer(Company B) i initiated my H1B transfer to Company C. But due to some RFEs my case was denied and H1 transfer was not happened from Company B to Company C and this H1 Transfer was denied in Dec2016. Immediately i came back to India in Dec2016.

 

So i am planning to do H1 transfer now because i am assuming my H1 will be under Cap Exemption. So can you please let me know whether my H1 will be under Cap Exemption or not so that i will find Job and start initiating the H1 transfer.

 

Thanks.

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On 2/17/2020 at 7:31 PM, JassiMJ said:

 

Case: H1B cool off

 

 

My H1 is nearing Maxout and I am planning to travel back to India after 15th March 2020.

 

 

Question:

 

I am aware of the 365 days cool off period so was planning to travel before 1st April 2020 to be eligible to apply for H1B for year 2022 Cap. But with the introduction of new H1B registration process which will be from 1st March – 20th March, will I be still eligible to apply for H1B for fiscal year 2022 Cap?

 

 

It does not appear that eligibility will be based on the registration period. Using April 1st as the eligible date will be the conservative approach.  

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