Tag Archives: H1B Visa

H-1B Lottery 2020 Predictions

 H1B Visa

USCIS will officially begin accepting petitions for the H-1B Visa 2020 on April 1st, 2018 for the next fiscal year which spans from October 1st, 2019 to September 30th, 2020. In other words, all petitions filed after April 1st will apply for the H-1B visa 2020 lottery.

What is the H-1B Visa Cap?

The H-1B Visa cap, enforced by USCIS, has a congressionally mandated limit of 65,000 for the regular pool and an additional 20,000 for the advanced degree. Be aware that not all H-1B nonimmigrant visas are subject to the annual cap. For H1B Visa Process Visit UT Evaluators

Who is Exempt from the H-1B Cap?

In order to be considered a cap-exempt petition, you must have either been previously counted against the cap or have a position with a cap-exempt employer. Note that certain position with qualified employers are not subject to the H-1B annual quota even if the candidate has not been counted against the cap previously.

An employer who is cap exempt generally falls into one of the following categories:

A. Non-profit organization. This is defined by the USCIS as an organization that is “primarily engaged in basic or applied research”

B. Governmental Research Center

C. Institute for Higher Education

Additionally, if you are already an H-1B visa holder and want to transfer employers or extend your status, then you have already been counted against the cap and your petition will be considered cap-exempt.

Keep in mind that transferring your status from one employer to the next has a caveat. If you originally came to the U.S. through a cap-exempt employer, then transferring to another cap-exempt employer is not a problem. However, if you decide to transfer to a cap-subject employer, you will need to go thropugh the lottery process.

That employer will not be able to file until April 3rd, your petition would need to be randomly selected in the cap, and you would not be able to switch employers until October 1st. Essentially, it would be like opening a brand new case. To know more information on H1B Visa  check Bpas

This is to prevent those who would enter the U.S. through a cap-exempt employer just to switch over to a cap-subject employer with the goal of subverting the lottery.

“H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229).

H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers filed the petition before December 31, 2019. Employers cannot file a petition or an extension request for an employee more than six months before the intended employment start date.” Source

H-1B Extension Fees & When To File An H-1B Extension

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In order to get your H-1B visa extension, your employer will be subject to the same fees that were involved with the original visa. These include:

A. The filing fee for another I-129 petition: $460

B. The amended Public Law 114-113 fee (if applicable): $4,000

C. The ACWIA fee: $750 or $1,500 depending on whether your employer has more or less than 25 employees.For H1B Visa Process Visit UT Evaluators

D. The Fraud Prevention and Detection Fee: $500

E. Any optional fees such as

        1. Premium processing: $1,225

  2. Attorney fees: You can see our flat fees here.

It is important to remember that your employer is responsible for almost all required fees. However, the premium processing fee can be paid either by you or your employer. Speak with an immigration attorney to get a better understanding of the fees involved with getting an H-1B visa extension.

When to File an H-1B Extension

It is never a good idea to wait until your H-1B visa is about to expire to file for an extension. If you end up having to file after your visa has expired, you will run the risk of experiencing serious difficulties that could jeopardize your extension approval. If your visa has expired and you are considered “out of status”, H1B Visa Process Check here

you will need to submit evidence of all of the following:

A. That you have maintained legitimate nonimmigrant status

B. That the delay was necessary or outside of your control

C. That the amount of time the delay took was within reason

D. That you have not violated your status under the H-1B visa

E. That you are not in the process of being removed from the U.S.

If you find yourself caught out of status before filing for an extension, connect immediately with an immigration attorney to see what steps you need to take next in order to increase the chances of H-1B extension approval.