Add new comment

Exempt from the H-1B Quota

I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?

Printer-friendly versionPDF version
ANSWER: 

In your situation when you are outside the USA, you become  exempt from the H-1 quota  when you get your visa stamped. So I think USCIS interpretation of law is faulty and  incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that  you should be exempt from the quota.

Nonimmigrant Visas: 
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

WYSIWYG

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Filtered HTML

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • You may post PHP code. You should include <?php ?> tags.
  • You may insert a link to a defined site with [link: title].
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • Typographic refinements will be added.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Allowed HTML tags: <a> <p> <h2> <h3> <h4> <h5> <h6> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd><style>
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

full_html

  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

filtered_html

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • No HTML tags allowed.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • You may post PHP code. You should include <?php ?> tags.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).
  • Typographic refinements will be added.
  • You may insert a link to a defined site with [link: title].

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
Sorry we have to put you through this. We need to prevent SPAM.