【正文】 employee. Can I change employers? Workers in H1B status are only allowed to work for a petitioning employer. There is no restriction on changing employers, so long as the new employer follows proper H1B petitioning procedures, an H1B employee can change employers. Employers hiring workers already in H1B status under certain circumstances may be allowed to mence the employment upon filing their H1B petition, rather than waiting for approval. Is there a quota limiting the number of new H1B workers? The government?s fiscal year is from October 1 to September 30. Sixtyfive thousand (65,000) H1B petitions can be approved during a fiscal year. Additionally, twenty thousand (20,000) petitions can be approved for individuals who have obtained a Master?s degree or higher from a . institution. Each foreign national (with the three exceptions noted below), who is approved for H1B classification is counted in this determination. However, approvals for extensions of stay in H1B classification, sequential employment, concurrent employment, and amended petitions are not counted in this determination. Numerical Limitation on H1B Nonimmigrants (H1B Cap) (contd.) H1B employees of higher education institutions, nonprofit research anizations and government research anizations are not counted toward the quota. However, if they change employers to a nonexempt employer, they will be counted toward the quota in the year they changed employers. Furthermore, individuals counted toward the quota in the previous six years of H1B status who have been outside the United States for one full year and are again seeking admission pursuant to H1B classification will be counted toward the quota. Who is actually subject to the cap? Not every H1B applicant is subject to the cap. Visas will still be available for applicants filing for amendments, extensions, and transfers unless they are transferring from an exempt employer or exempt position and were not counted towards the cap previously. The cap also does not apply to applicants filing H1B visas through institutions of higher education, nonprofit research anizations, and government research anizations. Portability of H1B Status Individuals who were previously provided H1B status, who were lawfully admitted and who have not been employed without authorization in the United States, may accept new employment upon the filing by the prospective employer of an H1B petition with the CIS. If the petition is denied, the authorization to continue the employment ceases. The H1B employee should maintain employment with the current H1B employer until the new employer?s I129 petition requesting portability is received by CIS. Unpaid Benching Employers are required to pay H1B nonimmigrants as stated on the LCA, even if the H1B nonimmigrant is not performing work (. benched) unless the nonimmigrant is not working for personal reasons unrelated to the job such as caring for an ill relative, maternity etc. Attorney’s Fees The regulations further provide that certain H1B nonimmigrants cannot pay attorney fees. Specifically, H1B nonimmigrants cannot pay attorney fees if said fees (and related costs), when deducted from the H1B nonimmigrants salary, would make the wage less than the higher of the actual or prevailing wage for the position. J1 Exchange Visitors J1 status holders are referred to as exchange visitors. Institutions must be designated as an exchange visitor program in order to issue a DS2019 for J1 status. J1 exchange visitors are limited to work on the premises of the institution that issued the DS2019. Under certain circumstances some exchange visitors may be authorized to do work, give lectures, or engage in other activities off the premises of the sponsor. Such employment must be specifically authorized in writing by the sponsor. J1 exchange visitors can fall into one of the following categories: Professor。 Alien Physician。 ?Local and ethnic newspapers。 or state/provincial license Research Baccalaureate or Licenciatura degree. Assistant Biologist Baccalaureate or Licenciatura degree Chemist Baccalaureate or Licenciatura degree University Teacher Baccalaureate or Licenciatura degree. Mathematician Baccalaureate or Licenciatura degree. O1 Alien of Extraordinary Ability An employment category for persons of extraordinary ability. O1 status is an excellent option for persons subject to the two year home residency requirement who are not eligible for H1B specialty worker Status. O1 applicants must demonstrate that they have made outstanding contributions in their field and they have risen to the top of their field and enjoy sustained national or international acclaim. SPONSORSHIP FOR PERMANENT RESIDENCY For Teaching Positions: ?The job must include actual classroom teaching. ?The position must have been advertised in a national professional journal/publication and this ad must be a paper/print advertisement. ?The foreign national selected must have been found to have been more qualified than any . workers who applied for the job. . worker is defined as a . citizen, . national, permanent resident or temporary permanent resident, refugee or asylee. ?The formal offer letter must have been issued within 18 months of the date on which the labor certification application is submitted to the Department of Labor. ?Copies of the CVs received from all applicants must be retained. ?A Report of Recruitment must be prepared, printed on letterhead and signed by the Department Head. A sample report is provided with these instructions. Below is