What happens if Emplyr applys after the cap is reached?

USA H1B Visa
1

Hi

I am uk citizen.

One of the employer in US is promising me to apply for H1B, for that I would be paying the fees. As on today for FY-2013 the cap is already reached in June 2012.

So if he says that he is waiting for a “GO” from me to apply before 30 Sep 2012, should do the job.

What I dont understand is, USCIS already announced in June 2012 that the cap is reached, so I guess obviously no more applications are invited after that date, but if anyone is putting in new application, would it still count.

The other reason is that I would be paying all the fees thats why I am concerned.

thanks

2

USCIS stop accepting new h1b application for FY13. however there are jobs in US that are CAP exempt ex jobs in university, hospital etc

So you should be aware where your job application is being sent

Fee should be paid by employer as per USCIS rules , you should double check the credibality of your employer before moving

3

I am not sure if my case would be counted as Exempt becasue I am just an IT engg (software programmer). so does this change the scenario?

4

THEY CAN NOT FILE UNTIL APRIL 2013, DO NOT PAY TO GET H1B

[b]IT'S NOT LEGAL[/b]
5

It does not matter what your job title is, it depends on who your employer is.

If you had H1b earlier you would be excempt. Assuming you are applying for the first time you will have to go through the cap. If your employer is a NGO, Research institution, University they can apply whenever they want all through the year

If they are a consulting company, dont get cheated by sending them money, ask them how can they file when the cap is already over ?