Immigration Blog

Tag: H-1B Cap

How Can I Recapture Time Abroad to Extend My H-1B Status?

Time spent outside the United States exceeding 24 hours or more does not count toward H-1B (or L) time of admission. This time may be recaptured for subsequent H-1B (or L) status. In most situations, the recapture time is requested at the end of the allowable H-1B (or L) stay. The burden is on the petitioning employer and foreign national to present evidence of time outside of the United States. Based on the evidence provided, […]

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Alert: Requests for Additional Evidence for H-1B Petitions

Imagine winning a coveted lottery. You are over the moon… and then someone threatens to take your deserved, well-documented, and legally required win away. This is what is happening to many employers and foreign nationals that were fortunate to be selected under the H-1B lottery petitions – now, USCIS has been widely using Requests for Additional Evidence (RFE) and Notices of Intent to Deny on thousands of those petitions. These types of policies don’t just […]

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FAQs about the New Rule’s Impact on H-1B Cap Exemptions

The H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April. One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be considered a cap-exempt organization or whether a foreign national could qualify to work concurrently for both cap-subject and cap-exempt organizations. The new High-Skilled Workers rule […]

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