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H-1b’s worker can stay in the United States

H-1B visa

U.S. H-1b visa for specialty workers

Question: No more work permits for H-1B’s this year.
I have a college degree in accounting and an employer that wants to sponsor me.
I have been told that I qualify for the H-1B,
But that there may be a problem with getting the H-1B adjudicated.
My application was submitted about one week ago.
I better hurry to get the application in to the immigration.
How long do I have?



Answer: Unfortunately, you may be too late for this year.
The United States Citizenship and Immigration Services (USCIS) have just announced that the H-1B procedures have reached the cap.
In other words, The USCIS announced today that it has received enough H-1B petitions to meet this year’s congressionally mandated cap of 65,000 new workers.
After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

Question: What does this mean for my application?

work permit


Answer: First, the new H-1B’s will start again next October.
USCIS has implemented the following procedure for the remainder of FY 2004:
1) USCIS will process all petitions filed for first-time employment received by the end of business on February 17, 2004;
2) USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today;
3) Returned petitions will be accompanied by the filing fee;
4) Petitioners may re-submit their petitions when H-1B visas become available next October;
5) The earliest date a petitioner may file a petition requesting Fiscal Year 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004.

Question: What about my friend who has an H-1B that is about to expire and needs to get his H-1B extended?
Is he also subject to the H-1B cap.

work visa


Answer: Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap.
Accordingly, USCIS will continue to process 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.

Question: Are there any other exceptions?

green card

immigration work visa

Answer: USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity,
Or at a nonprofit research organization or a governmental research organization.
USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

Question: What about persons who do not fall into those categories, But must file for the H-1B?

green card

Answer: They cannot file now for the H-1B. However, there are other types of status they could try to apply for if they qualify.
Such examples would be the O (Extraordinary Ability), or F (Student) change of status.
They must be careful to maintain their status or they will not be able to change their status once the H-1B’s begin again next October.