Congress restricts new H-1Bs (generally applying to individuals who have
never had H-1B status but with very significant exceptions) to 65,000 per year
and makes 20,000 more exempt from the cap for those with Masters degrees or
higher (Ph.D. Medical, Law degrees, etc.) from U.S. Institutions. The
85,000 are available when the fiscal year begins each October 1st.
Petitions for H-1Bs can be filed 6 months before the employment will begin.
Thus, the California and Vermont Service Centers, the service centers designated
for new H-1Bs, will be flooded with petitions on April 1.
This Legal Chat will review general H-1B principles but with a focus on the
cap and the many considerations that apply particularly for "cap gap" F-1
students and 'academic H-1Bs.
Alan M. Pampanin, Esq.Pampanin Law Office, Cambridge
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