H1 B cap and cap exempt differentiation


ragavss77

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Hi,

 

 Here is my info

 

1. Graduated with a Masters degree from a non-profit university (University of Massachusetts,Lowell) in the year 2002, June to be precise.

2. After One year  of OPT, was back in India starting from July 2003.

3. Filed H1b Petition and got the Visa stamped at US consulate in Chennai on  03 April 2007. The Visa expired on 30 Sep 2009.

4. Never travelled to US or worked on the stamped H1b Visa.

5. Employer filing a H1b-Cap non-premium visa for me for year 2015 coming April 2014.

 

My Questions

----------------------

1. Based on my profile above, am I eligible for H1b Cap exemption for year 2015?

2. If my application is filed under H1b cap, will my application be automatically sorted for H1b non-CAP or CAP exempt (just in case If Iam eligible) at the USCIS? (Employer has not filed a H1B cap exempt Visa but has filed  a H1 B Cap non premium Visa). Is it mandatory to file a visa under the H1B cap exempt category for the application to get sorted?

3. For my application to get processed under Advanced Masters Quota, should it be within the first 20,000 applications for Advanced degree from US?. Again, if my employer has filed it under the regular cap, will my application be automatically sorted under 20,000 masters quota? or should the employer deliberately file it under the Advanced degree quota.

 

 

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Hi,

 

 Here is my info

 

1. Graduated with a Masters degree from a non-profit university (University of Massachusetts,Lowell) in the year 2002, June to be precise.

2. After One year  of OPT, was back in India starting from July 2003.

3. Filed H1b Petition and got the Visa stamped at US consulate in Chennai on  03 April 2007. The Visa expired on 30 Sep 2009.

4. Never travelled to US or worked on the stamped H1b Visa.

5. Employer filing a H1b-Cap non-premium visa for me for year 2015 coming April 2014.

 

My Questions

----------------------

1. Based on my profile above, am I eligible for H1b Cap exemption for year 2015?

2. If my application is filed under H1b cap, will my application be automatically sorted for H1b non-CAP or CAP exempt (just in case If Iam eligible) at the USCIS? (Employer has not filed a H1B cap exempt Visa but has filed  a H1 B Cap non premium Visa). Is it mandatory to file a visa under the H1B cap exempt category for the application to get sorted?

3. For my application to get processed under Advanced Masters Quota, should it be within the first 20,000 applications for Advanced degree from US?. Again, if my employer has filed it under the regular cap, will my application be automatically sorted under 20,000 masters quota? or should the employer deliberately file it under the Advanced degree quota.

1. You are eligible for a cap exempt H1B petition. Do not spoil the chance of a prospective employee being hired on a fresh cap subject H1B petition.

2. If filed under cap it would be considered as cap subject.

3. There is a possibility of lottery here. So, it does not matter. If employer files under regular cap it will not be considered under master's quota.

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1. You are eligible for a cap exempt H1B petition. Do not spoil the chance of a prospective employee being hired on a fresh cap subject H1B petition.

2. If filed under cap it would be considered as cap subject.

3. There is a possibility of lottery here. So, it does not matter. If employer files under regular cap it will not be considered under master's quota.

 

Did not get Point 3.

 

 

Please confirm if my understandings is  correct

1. Suppose there are 30,000 visas for the masters quota, the first 20,000 will get processed under Masters Quota and the rest gets spilled over to the regular cap quota and they will compete against the 65,000 or more applicants.

 

or

 

If there are 40,000 advanced degree applicants, is there a separate lottery to choose 20,000 and the rest all get rejected and they will not compete against the regular cap quota?.( Two separate lottery for regular cap applicants and advanced degree applicants and they dont mix applicants from either of the category?)

 

As for my case, my employer is not sure of the grey area in the H1 CAB exempt rules.

 

One of the clauses says, if the applicant is counted against the cap within the last 6 years then he is cap exempt. But in my case I go beyond six years even though I was counted against the CAP once (before 7 years)

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Did not get Point 3.

 

 

Please confirm if my understandings is  correct

1. Suppose there are 30,000 visas for the masters quota, the first 20,000 will get processed under Masters Quota and the rest gets spilled over to the regular cap quota and they will compete against the 65,000 or more applicants.

 

or

 

If there are 40,000 advanced degree applicants, is there a separate lottery to choose 20,000 and the rest all get rejected and they will not compete against the regular cap quota?.( Two separate lottery for regular cap applicants and advanced degree applicants and they dont mix applicants from either of the category?)

 

As for my case, my employer is not sure of the grey area in the H1 CAB exempt rules.

 

One of the clauses says, if the applicant is counted against the cap within the last 6 years then he is cap exempt. But in my case I go beyond six years even though I was counted against the CAP once (before 7 years)

There are only 20,000 for master's quota. If applied under master's quota and not selected by lottery in master's quota your application would be added to the general quota pool and again you get a chance to be selected by lottery.

 

Within the last 6 years is old rule. As long as you are cap counted once and have not utilized the full 6 years on H1B you are cap exempt. If you talk to an attorney from murthy law firm they would confirm it for you.

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