H1-B quota exemption

[ddeklop]

What is the name of your state? CA

I am here on an H4 and have been proposed a job as a teacher by a non-profit organization.

Are we exempt from the quota?
Is there any option that would allow me to start before october 2005?

[ImmigAttyLana]

It really depends on the type of organization this is. Just being a nonprofit is not enough to make it quota exempt. It needs to fit within a definition of the statute for exempt employers. If it is, then you can have the H-1B filed even now and start working once the H-1B is approved; if it is not exempt, you will need to wait until April 1, 2005 for the petition to be filed and for October 1, 2005 in order to start working pursuant to that petition, if it is approved.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

[ddeklop]

Thank you for your prompt answer.

Where do we find the definition of exempted employers?

[ImmigAttyLana]

This is how you determine it:

"An institution of higher education as defined in the Higher Education Act of 1965, Section 101(a), 20 USC Section 1001(a)"

"A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are definted in the Higher Education Act of 1965, section 101(a), 20 USC Section 1001(a)"

A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)"

Only these qualify as being exempt from the cap on the H-1B.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.