Do I fall under H-1 quota limit?

[nishittrivedi]

Dear Rajiv Khanna,

I was previously on H-1B status for about 1.5 years (from May 2000-August 2001) with one of the employers. The compay got shutdown so that I converted my status from H-1 to F-1.

Therefore, currently now I am on F-1 status. If I want to convert my status from F-1 to H-1 again, am I affected my quota limit or not since the H-1 quota for this year is complete?

Thank you.

Nishit

 

[Rajiv S. Khanna]

Originally posted by nishittrivedi
Dear Rajiv Khanna,

I was previously on H-1B status for about 1.5 years (from May 2000-August 2001) with one of the employers. The compay got shutdown so that I converted my status from H-1 to F-1.

Therefore, currently now I am on F-1 status. If I want to convert my status from F-1 to H-1 again, am I affected my quota limit or not since the H-1 quota for this year is complete?

Thank you.

Nishit

I am not entirely certain, but it appears that you may NOT be subject to the cap. AC21 exempts you from a cap if:

1. You have earlier been approved for an H-1; and
2. You have not spent a year or more outside USA.

So, worth trying.