Am I subject to H-1B cap ? (now in F-1, previously in H-1B)

[Ins Torture]

Hi,

I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.

I previously was in the H-1B status from Jan. 2001 till Sep. 2001 for
which I was counted towards the FY2001 H-1B cap (more than 6 years ago)
. In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is

will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?

OR

will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?

OR

will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?

Thanks in advance for any helpful replies.

 

[great guru]

You can apply H1 and get it approved for 5yrs 3 months period without subject to any H1 cap in any profit or non profit organization if your first h1 is from profit org.

If your first H1 is from non profit org. which was not subject to cap at the time of applying your first h1, then your profit h1 for remaining 5yrs 3 months come under cap.
(non profit H1 will not come under cap at any time)

Hi,

I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.

I previously was in the H-1B status from Jan. 2001 till Sep. 2001 for
which I was counted towards the FY2001 H-1B cap (more than 6 years ago)
. In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is

will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?

OR

will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?

OR

will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?

Thanks in advance for any helpful replies.