Lexology (03/08/12) Benjamin T. Kurten

Companies that want to sponsor a first-time H-1B employee may file their petitions to do so beginning April 1, and should file as close to that date as possible, before the H-1B “cap” is reached. Employees that are “cap exempt” include those who already have an H-1B visa and want to extend the duration of their stay in the U.S.; those who, in the past six years, have been counted toward the cap, unless they would be eligible for an additional six years of admission because they have been outside the U.S. for at least one year since they last had H-1B status; and those who are current H-1B visa holders who want to work simultaneously in a second H-1B job.