All H-1B cap cases must be filed by April 1, 2019.  In anticipation of that deadline, here areseven things to remember about the H-1B cap.
 
1. These types of cases are subject to the H-1Bcap: 
·    International studentsworking on an EAD card under an OPT or CPT program afterhaving attended a U.S. school;
·     Internationalemployees working on a TN may need an H-1B filed for them in order for them topursue a permanent residency (green card) case;
·     Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with acap exempt organization; and
·     Prospectiveinternational employees currently living abroad.
 
2. These types of cases that are not subject toH-1B cap: 
·     H-1B amendments/extensions/transfers
·     When the employee hasbeen in H-1B status for less than 6 years
·    Trade Visas (H-1B1,E-3, TN-1) Chile, Singapore, Australia, Canada,  Mexico
·     MDs who have receiveda J-waiver of their 2 years foreign residency requirement.
·     H-1Bs filed by institutionof higher education (or its affiliated or related nonprofit entities), anonprofit research organization, or a government research organization.
 
3.  Employees witha U.S. master’s degree or higher get twochances at the H-1B cap.  TheUSCIS first runs an H-B cap lottery, including all cases.  This is for the 65,000 H-1B regular capslots.  Then, the USCIS runs a MastersCap H-1B lottery to determine 20,000 lottery winners. 
 
4.  Cap-Gap Rule:USCIS automatically extends the H-1B status of OPT F-1 students who win theH-1B lottery.  The OPT F-1 status is extended through October 1, at whichpoint the status converts to H-1B by operation of law.
 
5. An Employee does not have to hold H-1B status for theemployer to initiate green card process. This can be started while the employeeis on F-1 or most other statuses.
 
6.  We do notrecommend that F-1 students travel outside the US while their H-1B cap petitionis pending at USCIS.  USCIS may considerthe petition to be abandoned.  If the F-1student does travel, the employee is required to apply for an H-1B visa abroadbefore re-entering the US.
 
7.The employee’s proposed worksite may not change until the H-1B CAP petition isapproved.  If the worksite changes the USCIS is inclined to deny thecase.  If possible, the H-1B cap petition should be upgraded viaPremium Processing.  Upon approval of the H-1B, the employer can filean H-1B amendment.