H-1B to H4 to H-1B

[azzuri]

If a person is first on H-1B then moves to H4 and then back to H-1B (all within 6 years) - is the 2nd H-1B subject to annual quota or is treated the same way as an H-1B extension or transfer ?

 

[great guru]

No quota

If a person is first on H-1B then moves to H4 and then back to H-1B (all within 6 years) - is the 2nd H-1B subject to annual quota or is treated the same way as an H-1B extension or transfer ? Persons h1 is already counted in the particular year quota, when the person applied H1 first time. This time just COS (Change of staus from H4 to H1)[/QUOTE]

 

[tappala]

Not counted towards the cap

If a person has been counted once towards the cap in the past 6 years he /she is not subject to cap again. So a person can safely assume that the change of status petetion will be approved, and hence can start working immediately after the approval. But, the major exception to this seems to be if a person stayed out of United States for a period of one year. In that case the stay outside the country will reset the clock and the person will be counted as a fresh H1 applicant and is subject to cap. Hope this helps.