H1B Non-Cap Exempt to Cap Exempt

I had a question regarding transferring from a Non-Exempt H1 to exempt H1B and had a hard time searching online as most cases refer to the issues from transferring in the other order. My question was lets say I decide to transfer from Non-Exempt H1 to exempt H1B and after a couple of months decide to switch back to a non-cap exempt H1B then will I be subjected to the cap? The answer is NO. Once you are counted towards the cap (basically if you ever held a non-cap exempt H1B) then you are no longer cap subjected in the next 6yr period. This is good info to know as it allows me the flexibility to switch back and forth without needing to worry about the quota. With the quota being especially tight these days and the whole April to October wait period, it certainly helps to not bother about quota when applying for a H1B transfer.

H1B Cap Exempt Filing Fees

I found this online after a lot of searches so I thought wise to blog it here. Below are the filing fees for regular non-exempt H1B with a side note on whether it is applicable to camp exempt H1B. Also the below filing fees are for petitions filed from inside the US. Petitions from abroad might have to pay some additional fees.

Base Filing Fee : The standard H-1B filing fee is $320 for the 1-129 petition. This applies to both cap/non-cap exempt H1B petitions

ACWIA (Training) Fee : The employer must pay a fee of $1,500 towards a training fee meant to fund the training of U.S. workers. This fees DOES NOT apply to cap exempt H1B petitions. But if the employer has less than 25 full-time employees, they must pay only one-half of the required fee which is $750 [see Section §214(c)(9) of the Immigration & Nationality Act].

The training fee is paid one time to initially grant the H-1B petition and to extend H-1B status. But if this is the second or subsequent extension with the same employer, then the training fee is not required.
The following are exempt from the training fee: primary or secondary educational institutions, institutions of higher education, nonprofit organizations related to or affiliated with any institutions of higher education, a nonprofit organization that engages in established curriculum-related clinical training of students registered at any institutions of higher education, nonprofit research organizations or a governmental research organizations [see Section 214(c)(9)(A) of the Immigration & Nationality Act and 8 C.F.R. §2l4.2(h)(19)(iii)-(iv).

Fraud Fee : A $500 fraud prevention and detection fee is required for the initial H-1B petition or to switch employers. The fraud fee is not required for extensions with the same employer. This fees must be paid with both exempt and non-exempt H1B petitions.

Premium Processing : Optional fees to expedite the H1B processing. Decisions are made within 15 business days. This applies to both exempt and non-exempt H1B petitions if premium processing is desired.

References:

http://web.mit.edu/scholars/administrators/h1b/antifraudfee.html
http://thevisabulletin.com/2008/h-1b-filing-fees-overview-and-questions/

DJ Tiesto @ House of Blues 06/15/2008

I was in Chicago during that time and came across this flyer for DJ Tiesto performing @ The House of Blues. Its been in my wish list to attend at least one performance from the top 10 DJ's in this list (http://www.thedjlist.com/). I have had chances to visit performances from ATB/Paul Van Dyk/Paul Oakenfield but have been waiting to see a performance from Tiesto. Well it was worth the expectation. Although it was not an enjoyable experience for my wife, but I loved it. The club was fabulous too. This is a pretty famous club and is frequented by many top artists often. The club is right in the heart of downtown Chicago. The interiors have the old rustic symphony hall type design with decorative gold colored designs on the wall. It was an awesome experience and the crowd was just in vibe too. The next in my list is Armin Van Buren. Hope to catch his performance soon.

Paul Van Dyk @ Marquee Theatre 10/29/2008

Had a chance to see this guy performing at the marquee theatre in Phoenix. This guy is phenomenal in what he does and he's got the right beat that makes you move. he's originally from Berlin and invented his own "PvD" style of electronic dance music. he has his own radio program called VONYC Sessions, that is broadcast around the world on Sirius. i also had a chance to see this guy in SF @ 1015 club. it was awesome there too so no way i could have missed his show here in Phoenix. Went there with a group of friends and everyone liked it. Phoenix is not big in electronic/trance music so gotta enjoy when it happens on rare occassions.