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Where to Find Cap Exempt H-1B Employers?

By Bill at April 14, 2015 01:17
Filed Under: Tips and Features, Visa Knowledge

USCIS has reached the congressionally mandated H-1B cap for fiscal year 2016 on April 7. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2015 and 2016 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

Based on above cap exempt criteria, myvisajobs.com has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions. 



USCIS Will Accept H-1B Petitions for FY2016 Beginning April 1

By Bill at March 17, 2015 01:57
Filed Under: Immigration News, Visa Knowledge
On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master's degree or higher are exempt from the 65,000 cap. 

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year's program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April. 

Premium Processing for Cap-Subject Petitions 

H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015

Filing Petitions 

H-1B petitioners are reminded that when the temporary employment or training will be in different locations, the state where your company or organization's primary office is located will determine the appropriate Service Center to which you should send your Form I-129 package, regardless of where in the United States the various worksites are located. Please ensure that when temporary employment or training will be in different locations, the address on page 1, part 1 of Form I-129 is for your organization's primary office. Please note that when listing a 'home office' as a work site location on Part 5, question 3, USCIS will consider this a separate and distinct work site location. 

H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions, in order to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including an optional checklist, Form M-735, Optional Checklist for Form I-129 H-1B Filings, on how to complete and submit an FY 2016 H-1B petition. 

Cases will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct fee. 

U.S. employers are expected to file more than 150,000 labor condition application for H-1B visa in April. It is time for you to update your career profile and pitch potential employers now


10,400 H1B Petitions and 3,100,000 New Jobs

By Bill at April 16, 2011 19:37
Filed Under: Immigration News

2011 will become another good year for H1B Visa Job Hunters! 

USCIS started accepting H1B petitions subject to the fiscal year 2012 cap on April 1, 2011. As of April 7, they received approximately 5,900 H1B Visa petitions counting toward the 65,000 cap, and approximately 4,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees. 

These two numbers were much lower than the previous year. During the first week of April 2010, USCIS received approximately 13,500 petitions counting toward the 65,000 cap, and approximately 5,600 petitions toward the 20,000 cap exemption. 

Several days later, Department of Labor reported that there were 3.1 million job openings in February, up from 352,000 from January and 570,000 from year-earlier levels. It was the largest number of available positions since September 2008. 

Weather you can get a H1B Visa job depends on the availbility of H1B Visa and the number of job openings in US market. So above numbers tell us 2011 will be another good year for visa job hunters! 

If you still want to work and live in United Sates, we encourage you join us on social network and visit myvisajobs.com for more information: 

  1. Connect to MyVisajobs CEO on Linkedin
  2. Join Us on Facebook
  3. 2011 H1B Visa Employer List by Occupation and Location
  4. Follow the latest H1B Visa Cap Usage
  5. Complete your career profile and upload your resume

H1B Petitions for FY 2012 Start on April 1, 2011

By Bill at March 22, 2011 23:55
Filed Under: Immigration News

WASHINGTON March 19, 2011 - U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it would start accepting cap subject H1B visa petitions for alien worker on April 1, 2011.

Employers in United States use the H1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. The cap  for fiscal year 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt.

H1B Visa petition(Form I-129, Petition for a Nonimmigrant Worker) must be filed by U.S. employers, who may begin applying for the H1B visa six months before the actual start date of the visa.

For example, the beginning of the fiscal year 2012 is October 1, 2011, employers can apply as soon as April 1, 2011 for the fiscal year 2010 cap, but the beneficiary(foreign professional) cannot start working until October 1st, 2010.

Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.


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