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Would I be considered as an H1-B transfer from one company to another and therefore or otherwise not subject to the cap? I have already used up all my OPT. |
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Q: This is a question regarding the H1-B cap. Right now I am in school on an F-1 visa. However, I had been on an H-1B from Jan 2000 all the way to Jan 2003 for two different employers, the first subject to the quota and the second one quota-exempt, without any gaps, and then changed my status to F-1 for going back to school and have been on an F-1 since Jan 2003 to present. If I were to graduate and apply for a H-1B to start a job in June 2004, would I be considered as an H1-B transfer from one company to another and therefore or otherwise not subject to the cap? I have already used up all my OPT from when I completed my last Masters degree and so have none left (I am in a Masters program right now, different field).
A: You would not be subject to this year's (2004) H1B cap, because you have not used up your 6 yrs of allowed H status and have not been outside of the US for over 1 yr since your original H1B approval. Thus, you can now apply for your H1B change of status. |
