yprax

Hello,
I am a student in NY for MS in computer science. I will be done with my MS in enrolled in Spring 2006i.e Jan 2006, and was supposed to graduate in Dec 2007. But I could not complete my last semester due to some family problems. Also I had appled for My OPT in month of november, so it started frm Jan14 2008 and ended on Jan 13, 2009. But since I could not complete my last semester I didnt graduate. My college gave me a re-admit for the program starting Jan 2009-May2009. I had to go back to my home country and get the new I20 stamped. Now I am back in US and enrolled for last semester.

I would like to know if I am eligible to apply for internships/ CPT. Also I want to work here further. but my I-20 says end date 31-May 2009. Is there any way I can get work permit/CPT extension/legal stay permit for June-October2009 (I would be applying for H1, so hoping it starts frm 1 October 2009)

Please help me in this case, as my entire career and my future is based on these 10 months. Thank you all in advance

ian-mstm

I don't know about the rest of your stuff, but *you* don't apply for an H-1B visa. The company who sponsors you applies... it is their application, not yours. Further, they must apply on or before April 1, 2009 and it is now a lottery... many hundreds of thousands of applicants for only 65,000 visas. Last year, all the visas were gone on the first day.

Ian

ITsWhatIDo

Correct me if i'm wrong, but i thought there was no limit to H1 if you worked in higher education or charity?

E3only

June 6, 2006, USCIS Memo

AC21 and the USCIS Memo spell out the three categories of employers who are cap-exempt. They are 1) an institution of higher education, 2) related or affiliated to a higher education institution nonprofit entity, and 3) nonprofit research organization or a governmental research organization.

Institutions of Higher Education

The definition of “institution of higher education” comes from the Higher Education Act of 1965. Under the definition, an institution of higher education is one which:

admits students who have completed secondary education;
is licensed to provide education beyond secondary school;
provides educational programs for which the institutions award bachelors’ degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors’ degrees;
is a public or nonprofit institution; and
is accredited or has been granted pre-accreditation status by a recognized accrediting agency.
It should be noted that all of the criteria above must be met in order for an institution to qualify for a cap-exempt status for H-1B purposes. Therefore, the definition eliminates elementary or secondary schools, such as public or private schools, charter schools, etc.

Affiliated or Related Nonprofit Entity

The USCIS Memo states that it is sufficient that the nonprofit entity is connected to the institution of higher education through shared ownership, control or be somehow attached to the higher education institution as a member, branch or subsidiary.

Nonprofit Research Organization or a Governmental Research Organization

A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. A governmental research organization is a United States Government entity whose primary mission is the performance or promotion of basic research and/or applied research. Basic research is general research to gain more comprehensive knowledge or understanding of the subject under study, without specific applications in mind. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest. It may include research and investigation in the sciences, social sciences, or humanities. Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met. Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services. It may include research and investigation in the sciences, social sciences, or humanities.

Conclusion

An employer or a foreign national who wishes to seek a cap-exempt H-1B petition should verify whether the employer qualifies for a H-1B cap exempt employer given the three categories above. In many cases such analysis will be fairly quick (e.g. recognized universities) but in some cases, especially with nonprofit organizations, the analysis may be more complicated and nuanced.

ian-mstm

Well... thanks for the posting, but the OP made *no* indication whatsoever that he was looking for an H-1B in a cap-exempt industry. Not sure why y'all made that assumption... not something I would do. <shrug>

Ian

AdobePinon

Does that extra quota for US MS/PhD graduates still exist? Might raise the chances a bit.

meauxna

E3Only, please include links to your citations in the future. I can edit one in for you now if you PM me.

thanks,
meauxna
Moderator

JAJ

Doesn't the employer apply for the H1-B sponsorship, and then if successful, employee applies for the H1-B visa? (unless from Canada/Bermuda)

Duncan Roberts

No.

yprax

Sorry folks, but the replies do not answer my query. I guess i was wrong in phrasing the question. Let me rephrase it. My I20 expires on 31st May 2009. I dont not have an OPT. I have already specified the reasons about that case. Now from month of June to October 2009, is there any way i can stay in USA. Considering the fact that I have an employment offer and employer willing to sponsor H1. Is there any solution?

Noorah101

Who is the employer? Are they outside the cap, and can apply for your H1B visa anytime? If so, have them do so ASAP so that you don't risk going out of status.

If the employer is subject the the cap, then they can't apply for you until April 1st, and there's no guarantee you can get the visa. I think you would know by very early April whether you won the visa or not, and can plan those few months accordingly.

Why do you want to stay during those few months anyway? Why not go back home, and come back on the H1B visa if you win?

Rene