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  #1 (permalink)  
Old 11-06-2006, 12:28 AM
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Default Question on Non Cap H1Bs

Hello everyone,

Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?

A few months ago people had floated the term "Non Cap H1bs".

Thanks
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  #2 (permalink)  
Old 11-06-2006, 12:35 AM
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When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".

Last edited by GCSOON-Ihope; 11-06-2006 at 12:54 AM.
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  #3 (permalink)  
Old 11-06-2006, 12:54 AM
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Default more non caps

The following are not counted against H1b caps as far as i know, the list may not be complete:

existing visa-transfer jobs

employees of not for profit entities

University employees

J-1 doctors starting an underserved area job
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  #4 (permalink)  
Old 11-06-2006, 01:27 AM
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Quote:
Originally Posted by paskal
The following are not counted against H1b caps as far as i know, the list may not be complete:

existing visa-transfer jobs

employees of not for profit entities

University employees

J-1 doctors starting an underserved area job
So then only these four categories count as "Non Cap H1Bs"?

Can anyone shed more light on any other categories that qualify as non cap?

Thanks
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  #5 (permalink)  
Old 11-06-2006, 03:33 AM
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No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

Quote:
Originally Posted by eb3_nepa
So then only these four categories count as "Non Cap H1Bs"?

Can anyone shed more light on any other categories that qualify as non cap?

Thanks
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  #6 (permalink)  
Old 11-06-2006, 07:14 AM
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Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.

Quote:
Originally Posted by dixie
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
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Old 11-06-2006, 11:25 AM
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Any more inputs anyone?
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  #8 (permalink)  
Old 11-06-2006, 01:59 PM
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Concurrent H-1Bs are always non-cap.
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  #9 (permalink)  
Old 11-06-2006, 02:21 PM
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Quote:
Originally Posted by GCwaitforever
Concurrent H-1Bs are always non-cap.
What does that mean?

I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007

ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).

Last edited by eb3_nepa; 11-06-2006 at 02:27 PM.
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  #10 (permalink)  
Old 11-06-2006, 05:28 PM
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Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



http://149.101.23.2/graphics/lawsreg...C21C060606.pdf

These roles qualify for non cap H1B's



* Renewals of existing H1b's

* If are working for a not for profit institution

* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



What kind of institution will your wife be a financial analyst in?


I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

Last edited by eagerr2i; 11-06-2006 at 05:35 PM.
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  #11 (permalink)  
Old 11-06-2006, 06:30 PM
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Quote:
Originally Posted by eagerr2i
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



http://149.101.23.2/graphics/lawsreg...C21C060606.pdf

These roles qualify for non cap H1B's



* Renewals of existing H1b's

* If are working for a not for profit institution

* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



What kind of institution will your wife be a financial analyst in?


I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

I was wondering if I could use the Heallth care angle for the H1b Non Cap
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  #12 (permalink)  
Old 11-06-2006, 06:43 PM
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It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.

Quote:
Originally Posted by eb3_nepa
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

I was wondering if I could use the Heallth care angle for the H1b Non Cap
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  #13 (permalink)  
Old 11-06-2006, 06:49 PM
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Quote:
Originally Posted by dixie
It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.

What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?
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