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• F-1 Optional Practical Training
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• H-1B Temporary Worker
• The H1-B Quota ISSUES
• O-1 Extraordinary Ability
• Permanent Residence or Green Card
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• Visas After Graduation Workshop
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H1B Quota Reached April 2, 2007!

Download this information as a handout here.

Unfortunately, the news is true that the quota for H1B visas for NON-academic institutions was reached on the first day of filing this year -- April 2nd! AND the exemption for 20,000 U.S. higher degree holders was reached on April 30, 2007.

Please click on the links provided below to get more information.

USCIS press release on the quota being reached.

USCIS press release on the exemption for higher degree holders being reached.

Dartmouth School of Business website on H1B advocacy.

Miller Mayer Law Firm's Newsletter on the quota being reached.

Suggestions from the Miller Mayer Law Firm on how to deal with the gap in work authorization which some may experience who do not get an H1B this fiscal year.

Below are some further suggestions:

What should I do if I do not get an H1B for Fiscal Year 2008?

• You may already be counted against the cap and therefore able to get an H1B at any time:
  

  If you were on an H1B and then returned to school and changed to F-1 status, without leaving the U.S. for more than 5 months, you have already been counted against the H1B cap

• Some employers who are exempt from the cap:
  

  -Colleges and Universities
  -Non-Profit employers who are affiliated with colleges and universities
  -Non-Profit research organizations
  -Government research organizations

• If you are from Chile or Singapore, there are H1B numbers reserved for you which will increase your chances of getting an H1B.
• If you are from Australia, consider the E3 visa.
• If you are from Canada or Mexico, consider the TN visa.
• If you have money to invest in starting a company, consider the E1 / E2 treaty trader category.
• If you get a job with a multinational company and work out of the U.S. for one year, you may be able to come back in to the U.S. after one year on an L-1 visa.
• You could consider the J1 after F-1 OPT, if your employer has that category available to them (some employers do).
• If possible, delay your graduation until August, and put off your employment start date.
• If you do end up with a gap in work authorization in the Summer of 2008, consider the following:
  

  -go home in between or work overseas and then plan to return to the U.S.
  -change to another visa status such as B1 / B2 or F2, H4 (if available to you)
  -return to school for another program thus continuing your F-1 status

View the Miller Mayer Law firm's powerpoint on the H1B Cap Gap here.