Some H-1B’s can still be filed!
On December 13, 2023 the USCIS announced that they have received a sufficient number of petitions to meet the congressionally limited H-1B caps for Fiscal Year 2024. While this news may bring disappointment to many, it is essential to note that there are exemptions and alternative avenues to still file some H-1B petitions:
The USCIS will continue to accept and process petitions in the following situations:
Cap-Exempt Petitions: Petitions filed for current H-1B workers who have been previously counted against the cap .
Extension of Stay: Petitions to extend the amount of time a current H-1B worker may remain in the United States.
Change in Terms of Employment: Petitions to change or amend the terms of employment for current H-1B workers.
Change of Employers: Petitions to allow current H-1B workers to change employers.
Concurrent Employment: Petitions to allow current H-1B workers to work concurrently in additional H-1B positions.
If you have any questions about whether you can avail of these exemptions, the Law Office of Adrienne J Vaughan would be happy to speak with you.