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[Previous entry: "Path the United States for Mexican TN Candidates made easier"] [Main Index] [Next entry: "USCIS To Propose Fee Increases of Approximately $55 Per Application"] 02/02/2004 Entry: "With the H-1b Cap nearing, some H-1b applicant will not be affected by the cap" Last week, the United States Citizenship and Immigration Service (USCIS) released a statement based upon the tabulation of FY 2004 First Quarter H-1B data. According to USCIS, the total number of cap case approvals and those pending in the queue for adjudication account for 43,000 that could count against the H-1B Cap for fiscal year 2004. However, it is Important to note that If an applicant already hold an H-1B visa, the cap does not have any affect on his/her status. Even he/she plans to transfer his/her H-1B or apply for an extension, the cap does not affect his/her status. The cap also does not affect certain other organizations or individuals listed here: Employers not affected by the H-1B Cap: Institutions of higher education Individuals not affected by the H-1B Cap: J-1 physicians who received a waiver of the two-year foreign residency requirement described in Section 214 (L)(1)(B) of the Act (Immigration Naturalization Act) Individuals who previously worked in H-1B status for institutions of higher education, an entity related to or affiliated with an institution of higher education, an entity affiliated with or related to a non-profit research organization or governmental research institution.
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