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Subject: Re: H1B cap for US grads Posted on: Sat, 08 Mar 2008 15:10:40 -0800

In article
,
wrote:

> Hi,
>
> I heard that there is a seperate H1B quota of 20 K for students who
> have graduated from US colleges, and that the start date for accepting
> applications for this quota is later than 04/01/08. Is it true?
>
> Also, I have graduated(masters) from a US college five years ago and
> work in my home country now. Will this 20K quota for US educated
> students apply to me still?
>
> Thanks
> Kiran

Program is for Graduate Students (ie: masters level ...). The filing
date is no more than 6 months before the job starts. Job cannot start
until Oct 1 for normal companies. Last year it took just about a month
to fill the 20K petitions as I recall. (filled about 5/7)

Sorry I have no direct experience regarding a previous graduate degree.
It seems sensible that it would be OK for your case. This is what the
announcement said in 2004:

"The first 20,000 H-1B beneficiaries who have earned a masteršs degree
or higher from a U.S. institution
of higher education are not subject to the annual congressionally
mandated H-1B visa cap of 65,000.
After those 20,000 slots are filled, USCIS is required to count those
cases against the cap for the
remainder of the fiscal year. "

This is in response to the "H1-B Visa Reform Act of 2004". There isn't
any place on the forms to exclude previous graduates such as you, just
that you will have to get your visa in your home country since you are
not in the US. If you have a company interested, they should probably
contact an immigration lawyer to be sure, but I don't see where any
problem is.

another bob (not an immigration attorney)
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