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Immigration Issues/h1B cap applicability


I worked as a teacher in USA on J1 visa for the past 3yrs. I got  waiver for the 2yr rule. Now Iam back in India and want to apply for a H1 visa. If I find an employer in US school willing to sponsor me  does the H1B  cap rule apply to me and do i need to wait till oct.

The H1B cap may apply.  There are employers that are subject to the visa cap and others who are not.  As a general rule, government agencies and universities are cap exempt employers and can make hires throughout the year.  Other employers are not cap exempt.  I have no way of knowing if your school is or is not cap exempt.  I would suggest that you consult with their HR department as they will conclusively know.  
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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