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Cap Type	Cap Amount	Cap Eligible	Date of Last Count
H-1B Regular Cap	65,000	56,300	11/14/2011
H-1B Master’s Exemption	20,000	20,000	11/14/2011

According to the USICS’ website, the eligible H-1B cap for FY 2012 is less than 9000. The Master’s Exemption has already been drained,so the remaining capwill be shared by both Master’s degree holders and Bachelor’s degree holders.

If your H-1B application is Subject to Quota, please expedite your filing preparation. If your petition is exempt from the cap, then take your time since you may file it at anytime.

According to the I-129 form, there are several situations where your petition may be exempt from the cap:

A.         The petitioner is an institution of higher education as defined in section 101(a) of the Higher Education Act, of 1965, 20 U.S.C. 1001(a).

B.         The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in section 101(a)of the Higher Education Act of 1965, 20 U.S.C. 1001(a).

C.         The petitioner is a nonprofit research organization or a governmental research organization as defined in 8 CFR 214.2(h)(19)(iii)(C).

D.         The petitioner will employ the beneficiary to perform job duties at a qualifying institution (see a - c above) that directly andpredominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution, namely higher education or nonprofit or government research.

E.         The petitioner is requesting an amendment to or extension of stay for the beneficiary's current H-1B classification.

F.         The beneficiary of this petition is a J-1 nonimmigrant physician who has received a waiver based on section 214(1)(1)(B) or (C) of the Act (commonly called a Conrad Medical Waiver).

G.         The beneficiary of this petition: (1) was previously granted status as an H-1B nonimmigrant in the past 6 years, (2) isapplying from abroad to reclaim the remaining portion of the six years, or (3) is seeking a 7th year extension based upon AC21 and the beneficiary's previous H-1B petitioner/employer was not a CAP exempt organization as defined above in a., b., and c.

H.         The petitioner is an employer subject to the Guam-CNMI cap exemption pursuant to Public Law 110-229.

I.          The petitioner is requesting a change of employer and the beneficiary previously worked as an H-1B for an employersubject to Guam-CNMI cap exemption pursuant to Public Law 110-229.

If the H-1B petition is Subject to Quota and cannot be filed before the eligible cap runs out, the petitioner must wait until April 1, 2012 to file for the employee’s H-1B status.

If you are planning on filing asubject-to-quota H-1B petition before the eligible cap runs out, please contact us as soon as possible. With 14 attorneys and more than 15 years of experience, we are capable of expediting your case and keeping the high quality of your petition at the same time.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fifteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(11/17/2011)