News & Resources

FAQ: Alternatives to Cap-Subject H-1B Petitions

Unfortunately, many foreign nationals may have to wait until April 1, 2015 for another chance at filing for H-1B status. The following alternatives should be considered for affected employees: Cap-Exempt H-1B Visa These include petitions filed primarily for employment at an institution of higher education, a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization. H-1B visas are also available for beneficiaries filing for amendments, extensions, and certain employment transfers.

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Frequently Asked Questions

Q. As we approach the FY2015 H-1B filing season, I am asked, how does someone on OPT/EAD ending prior to October 1, 2014 bridge the cap of time between the end of their OPT and the beginning of the cap-subject H-1B status? A. Current regulations allow for eligible F-1 students to have their OPT/EAD status automatically extended to bridge the “cap-gap” between the end of their F-1 and the start of H-1B status. Eligible students must […]

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