• Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

National Interest Waivers

Header Right

Contact: 916-613-3553
info@nationalinterestwaiverlaw.com
Free Consultation for NIWs

  • Home
  • Legal Team
  • Services & Fees
  • Contact Us
  • Testimonials
  • Work Visas
  • Podcasts
  • NIW Videos
  • Home
  • Legal Team
  • Services & Fees
  • Contact Us
  • Testimonials
  • Work Visas
  • Podcasts
  • NIW Videos

H1B Transfer / H1B Cap

You are here: Home / Work Visas / H1B Transfer / H1B Cap

What is the H-1B Cap?

There are only 65,000 H1B visas available each fiscal year (which begins on October 1 of each year). The earliest that an H-1B petition can be submitted is 6 months before the start date of employment. For the last several years, the H-1B cap for the following fiscal year was filled on the first day that a petition could be submitted, April 1.

H-1B Change of Employer (H1B Transfer)

Once you are granted H-1B status, you can transfer to work for any other employer as long as the position meets the requirements of the H-1B classification. As a result, if the physician obtained an H-1B visa subject to the cap, the physician can change employers without regard to whether the cap has been filled. However, if your H1B status is based on employment in a cap-exempt position and the change is to a non-exempt position, your change of employer petition will be subject to the cap. This will be significant if the cap has already been filled for the fiscal year.

What are the Requirements for an H1B Transfer – Change of Employer?

The H-1B physician must be in H-1B status; admitted lawfully to the U.S.; maintained lawful status; worked in lawful status; and the new petition must be filed prior to the expiration of the employee’s current H-1B status.

When is the 7th year extension available for an H1B applicant?

An H-1B visa is granted for three years, but can be extended for three more years for a total of six years.

The “seventh year extension” under the American Competitiveness in the 21st Century Act (AC21) affords the physician the right to extend his or her H-1B visa beyond the six-year limit, in one-year increments, if a labor certification, or I-140 petition or adjustment of status application (based on an approved certification), has been pending for more than 365 days from the date the labor certification or I-140 was filed. The 7th year rule applies even if the labor certification or I-140 petition was filed by another employer.

Primary Sidebar

Green Cards

  • Green Card Overview
  • National Interest Waiver FAQs
  • How can a National Interest Waiver help you obtain a Green Card?
  • National Interest Waiver – Success Story
  • EB-1 Extraordinary Ability, I-140 Petition
  • PERM Labor Certification for Scientists And Doctors

Contact Us

Subscribe to our Podcasts:


Lawyer Kaushik Ranchod | Top Attorney Immigration

 

IMG Member Badge

The Ranchod Law Group

Main Office
Sacramento
8880 Cal Center Dr #400
Sacramento, CA 95826
Phone: 916-613-3553

Site Footer

  • Lawyer Kaushik Ranchod | Lawyer Immigration
  • Lawyer Kaushik Ranchod | Top Attorney Immigration
  • Kaushik Ranchod, Immigration Law, Top Lawyers 2015 - Sacramento Magazine sacmag.com
  • Ranchod Law Group BBB Business Review
  • IMG Member Badge
  • Member of the American Immigration Lawyers Association.
  • Lawyer Kaushik Ranchod | Lawyer Immigration

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Privacy Notice

©2019 The Ranchod Law Group