Posted by: sabkosathi May 26, 2010
is the H1B quota met yet?
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There still are lots of H-1 B available. If your employer files for your H-1 now, you will be able to start working on H-1 starting October 1, 2010. Until then you will be on OPT. Here's the table (as of May 21, 2010):

Cap TypeCap AmountCap Eligible Petitions
Date of Last Count
H-1B Regular Cap65,00019,6005/21/2010
H-1B Master’s Exemption20,0008,2005/21/2010

Source: http://www.happyschoolsblog.com/h1b-visa-2011-cap-count-update-may-21-2010/

Since your OPT doesn't expire until May 15, 2011, if you can't find a H-1 sponsor for this year, you should be okay if they file for H-1 next year. I think the new rule has an automatic OPT extension (cap gap) provision. So, if they file for your H1 between April 1, 2011 and May 15, 2011(assuming the quota for 2011 doesn't run out on April1,2011) you should be able to work on OPT till October 1, 2011 and start working on H-1 from October 1, 2011. I think that's how the cap gap works. You might want to double-check that, though.
Last edited: 26-May-10 05:45 PM
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