Am I subject to the 2003 cap?

V

vs1111

New Member
Hi,
I would be very thankful if someone
can provide me with the definitive answer to the following
quesiton:

During the last 4 years I held H1B twice
with 2 different employers and held H4 in between.
I quit my last job in January 2004 and initiated
H1 to H4 transfer to maintain the legal status.
As of today my H4 is not approved yet.

Very recently I found a company which is interested to hire me.
But their laywer claims that I'm subject to the current year visa
cap. Is it correct?

And if it's true, can I still file h1-h1
transfer, on the basis that my h4 is not officially approved yet?

Thanks a lot!
vs.
 
Originally posted by vs1111
Hi,
I would be very thankful if someone
can provide me with the definitive answer to the following
quesiton:

During the last 4 years I held H1B twice
with 2 different employers and held H4 in between.
I quit my last job in January 2004 and initiated
H1 to H4 transfer to maintain the legal status.
As of today my H4 is not approved yet.

Very recently I found a company which is interested to hire me.
But their laywer claims that I'm subject to the current year visa
cap. Is it correct?

And if it's true, can I still file h1-h1
transfer, on the basis that my h4 is not officially approved yet?

Thanks a lot!
vs.
Click to expand...

I do not see how you are subject to the cap.
 
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