H1B CAP-exempt new regulations

[angiepibe 0]

Hello everyone

I am back after suffering because of the waiver i got it (yay), i could send my petition before the suspention (april 3rd) (yay) but now there is another thing. Las April 13th USCIS request addiconal evidence because of the new regulations for the cap exempts companies, in my case a school. There are asking for a new document that i dont know my employer can get. At this point I am freaking nervous and anxious because this is the lat step and it is pending. Anyone here with the same situation?! Please help

[randomstairs 303]

My employer started working on my H1B application and I missed the Premium Processing deadline. I work at a university (non-profit) and my department has recently received a bunch of RFEs for H1Bs. It is not entirely clear to me what the RFEs were about but it seems like they wanted more evidence to show that the department has done enough to find a USC/LPR candidates before filing for H1B. These are by far the strictest criteria for H1B my university has ever faced, according to staff dealing with this in my department. They seem pretty unsure about what exact steps they need to take at this point. 

 

I guess that answer didn't help much. But at least you know that you're not alone.   

[angiepibe 0]

 

My employer started working on my H1B application and I missed the Premium Processing deadline. I work at a university (non-profit) and my department has recently received a bunch of RFEs for H1Bs. It is not entirely clear to me what the RFEs were about but it seems like they wanted more evidence to show that the department has done enough to find a USC/LPR candidates before filing for H1B. These are by far the strictest criteria for H1B my university has ever faced, according to staff dealing with this in my department. They seem pretty unsure about what exact steps they need to take at this point. 

 

I guess that answer didn't help much. But at least you know that you're not alone.   

wow! I dont know what to think now. What my lawyer told me was that they need more proves from the school to be cap-exempt. Being a school they need to have an affiliation with a university but honestly they do not know either. I could send my petition before the suspension but at this point I dont know if it helped or what. Do you know if the visa is denied I can do something else? I really appreciate your response. I am not alone, you are right

[randomstairs 303]

On 5/5/2017 at 4:26 AM, angiepibe said:

wow! I dont know what to think now. What my lawyer told me was that they need more proves from the school to be cap-exempt. Being a school they need to have an affiliation with a university but honestly they do not know either. I could send my petition before the suspension but at this point I dont know if it helped or what. Do you know if the visa is denied I can do something else? I really appreciate your response. I am not alone, you are right

Generally a non-profit should be exempt but I am not sure how employers prove that in practice. If your petition has already been received by USCIS (and I assume it is in premium processing) before the deadline you'll know the answer soon after your employer answers the RFE. 

 

It will take some time for the employers and their attorneys to adjust to the new regulations and find new routines. I will ask this week how my department addressed the RFEs. If it's about the non-profit status they should have no problems (at my department) but I'm less sure about small institutions. It's a big mess. But ultimately your employer should be able to prove the non-profit status (I have no idea about specifics but tax returns come to mind). 

 

When does your current H1B expire (I-94 date)? Your Plan B options depend on the time you have left and on the reason for denial. You can re-apply or apply for another visa, including B1/B2. You can change the employer if they are unable to do H1B. There is a short informal "grace period" but don't count on it. Once you re-apply or apply for a different visa, your status should be pending and you will maintain your lawful presence. Anyways, I don't think you will get denied once your employer addresses the RFE. Most importantly you should make sure they keep you in the loop and that both you and your employer are 100% transparent to each other.

 

Let me know how it goes and I'll let you know what I hear from my department. Best luck!  

[angiepibe 0]

On 5/8/2017 at 2:30 AM, randomstairs said:

Generally a non-profit should be exempt but I am not sure how employers prove that in practice. If your petition has already been received by USCIS (and I assume it is in premium processing) before the deadline you'll know the answer soon after your employer answers the RFE. 

 

It will take some time for the employers and their attorneys to adjust to the new regulations and find new routines. I will ask this week how my department addressed the RFEs. If it's about the non-profit status they should have no problems (at my department) but I'm less sure about small institutions. It's a big mess. But ultimately your employer should be able to prove the non-profit status (I have no idea about specifics but tax returns come to mind). 

 

When does your current H1B expire (I-94 date)? Your Plan B options depend on the time you have left and on the reason for denial. You can re-apply or apply for another visa, including B1/B2. You can change the employer if they are unable to do H1B. There is a short informal "grace period" but don't count on it. Once you re-apply or apply for a different visa, your status should be pending and you will maintain your lawful presence. Anyways, I don't think you will get denied once your employer addresses the RFE. Most importantly you should make sure they keep you in the loop and that both you and your employer are 100% transparent to each other.

 

Let me know how it goes and I'll let you know what I hear from my department. Best luck!  

Thank you so much for your explanation. This is my first time applying for an H1B visa. I am currently in a J1 visa and my visa will expire by June 30th. I have heard nothing form my lawyer or school. Last time they told me they requested the document but nothing has happened yet. What my lawyer told was that the USCIS requested a written agreement from the university to the school to show that they really are cap-exempt case. I will have until July 5th to reply the request by my visa will expire by that time. My lawyer told me I have 30 days (grace period). Hopefully I can get the approval before that day. I am kind of sacred because by June and July it will be vacation time so i am wondering what will happen with the doc. I am praying for that paper to get real this month. Please let me know how you are doing in your case and how your university is facing all of this mess. Thank you again

[randomstairs 303]

So your employer (the school) has to show that they are cap-exempt? What are they saying now? Keep checking on them. Make sure you are on the same page on this one. (Are they really cap-exempt? If yes, they should be able to tell you how they are going about proving it in the RFE.)

 

My employer had a different RFE (they had to show that they have done enough to find USCs for the positions). It's a state university so they are cap-exempt. 

 

Good luck!

[angiepibe 0]

7 hours ago, randomstairs said:

So your employer (the school) has to show that they are cap-exempt? What are they saying now? Keep checking on them. Make sure you are on the same page on this one. (Are they really cap-exempt? If yes, they should be able to tell you how they are going about proving it in the RFE.)

 

My employer had a different RFE (they had to show that they have done enough to find USCs for the positions). It's a state university so they are cap-exempt. 

 

Good luck!

The school is definetely cap exempt because they have sponsored other teachers under H1B visa and they have an affiliation with the university. I will paste what they are supposed to have which sound the same affiliation but under wrtting agrement.

"The new rule states that as an alternative to the shared ownership or control option the employer may submit evidence of a written affiliation agreement with an institution of higher education.

Qualifying can be demonstrated by presenting evidence that the “nonprofit entity has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution of higher education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.”

i have no idea about it but the lawyer told me that this is new rule. The school requested the doc to the university but they are unsure what the exact doc should have or say. I really appreciate all ur help and I hope everthing works out for u also!