Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.

Contact Us | About Us

521 Fifth Avenue, Suite 1700, New York, NY 10175, U.S.A., Telephone: (212) 488-6899

#6: You were previously COUNTED under the H-1B quota

Related topics:

If you were previously COUNTED under the H-1B quota, you are exempt from the quota for your next employment, or for any concurrent employment.

The applicable law states:

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

INA 214(g)(7).

The exemption also applies to H-1B holders, who are outside of the U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap. See our page H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap.

Note, however, that if your prior H-1B was for an exempt--e.g., the petitioning employer was an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit research organization or governmental research institution, etc.--then you would not be deemed to have been "counted", and you would be subject to the H-1B quota.

‹ #5: Your Employer is a Nonprofit Research Organization or Government Research Organizationup#7: You have a U.S. MASTER'S DEGREE (until the 20,000 Master's quota runs out) ›

Contact Antao & Chuang

To contact Antao & Chuang, fill out the following form and press the Send button:

(U.S. state, or country if outside the U.S.)
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
3 + 0 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.


Temporary Visas (Work, Study, Tourist)

Contact Antao & Chuang, Attorneys at Law (at no obligation)

Since 1991, Antao & Chuang, Attorneys at Law, has served clients located throughout the U.S. and the world in U.S. immigration matters. Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal. To contact Antao & Chuang about your individual matter, please use the following form:

(U.S. state, or country if outside the U.S.)
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
3 + 16 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.


Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

Recent comments

Antao & Chuang

AntaoandChuang.com

© 1996-2024 Antao & Chuang, Attorneys at Law

Important Notices/Disclaimers

This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.