There are a few ways to be considered H-1B cap exempt. U.S. Employer matches one of the following categories:
A. Higher Education Institution
B. A non-profit affiliated with a higher education institution
C. Non-profit research or government organization
D. Beneficiaries who will work in Guam or the Northern Mariana Islands. (Applicable until December 31, 2014).
If H-1B cap exemption has been previously granted for the beneficiary, he/she will not be subject to the cap. The following will continued to be processed with cap exemption by the USCIS: For H1B Visa Evaluation Visit here
A. Extension of stay in the United States for current H-1B holder.
B. H-1B holder has a change in terms of employment
C. H-1B holder changing employers
D. H-1B holder working jointly with a second H-1B position
Students with F-1 Visas looking to file for H-1B are able to apply for the Optional Practical Training (OPT). This enables the student to work within his/her field for 12 months. There are also two additional months of grace period following the original 12 months. The time and experience spent in the United States under OPT can assist when reapplying for the H-1B visa.