University Job - H1B Visa Cap-Exempt Program

[simplybaba]

Hello Everyone,

I am working in University as Programmer. Does I become qualify for H1B Visa Cap-Exempt Program ? Also for the University Job H1 B visa duration is 6 years or it can be more than 6 years ?

Thanks & Regards,

R

[vishnu9399]

There is nothing like that. Are you working as contractor? or full time, there is no rule like that. You got to apply in regular h1 b cap.

[rs_1973]

If you are employed directly by the University, then you will be cap-exempt. However, a normal H-1B visa is approved for a maximum duration of 3 years and no more. You can request extension of status for a period of up to a maximum of 6 years on H-1B. Of course, there are other ways to extend this beyond 6 years.

However, if you change your job and move to a for-profit company at any time, then your new H-1B with the for-profit company will become cap subject.

[JoeF]

Jobs in universities are cap-exempt.

The 6-year limit applies to all H1s, though, regardless if they are cap-exempt or not.

[livliv]

The university if qualified as a not-for-profit or educational institution can file a cap-exempt petition for you. The job also has to qualify as requiring a minimum Bachelor's degree and paying minimum prevailing wage. But the 6 year limit will still apply.

[simplybaba]

Thanks everyone for the response... Yes I am full time employee directly employed by University... So we need to file under cap-exempt category or by default petition coming from University is considered as cap-exempt ...

Thanks & Regards,

R

[livliv]

There are appropriate boxes to check on the form. I am sure the university will hire lawyers to handle this.

[simplybaba]

Thanks Livliv...

Thanks & Regards,

R