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H-1b petitions not subject to the cap

 

Question:



Which H-1B petitions are not subject to the cap?


Answer:
 

INS will continue to process petitions filed for current H-1B workers, since they do not affect the visa cap. Such applications include petitions to:

  • Extend the stay for current H-1B workers; 

  • Amend the terms of employment for current H-1B workers; 

  • Allow current H-1B workers to change employers; and 

  • Allow current H-1B workers to work concurrently in a second H-1B position.

March 21, 2000

 

   
   

 

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