What Is The H1B Cap?
Aug. 9, 2016
The cap essentially is an annual quota that’s set aside. If you are just a brand new employee wanting to apply for an H-1B, then nine out of ten times you are subject to the cap.
If you are working for a nonprofit or if you are working for a higher education then you may be not subject to the cap. So that’s essentially in a nutshell what the H-1B cap is all about.
You can begin working on your H-1B petition it just kind of depends on whether you’re kept subject or not kept subject.
You may not start your own company under an H-1B status. It’s a very good question but an H-1B is an employee so at all times one has to be an employee. You cannot set up your own company and then have your own company sponsor you because essentially you and your company are one and the same.
They can start their own business but they cannot use that to really support themselves and support their immigration status.