H1 Cap Issue

[sandy2106]

Hi, I held a H1-B visa two years ago (March 2000 - March 2002)when I changed my status to a H4 visa. I have two more years to go on a H category. I am planning to start work again this year. My question is, when I apply for a H1 again, will it go against the quota which has capped for the year 2004? Or since I have held a H1 before and still have 2 years on the category, it would be considered a renewal and hence the H1 cap will not apply in my case? I read other posts similar to my case but the answer is not very clear to me. Thanks much.

 

[Rajiv S. Khanna]

Originally posted by sandy2106
Hi, I held a H1-B visa two years ago (March 2000 - March 2002)when I changed my status to a H4 visa. I have two more years to go on a H category. I am planning to start work again this year. My question is, when I apply for a H1 again, will it go against the quota which has capped for the year 2004? Or since I have held a H1 before and still have 2 years on the category, it would be considered a renewal and hence the H1 cap will not apply in my case? I read other posts similar to my case but the answer is not very clear to me. Thanks much.

My best guess is you are cap-exempt.

 

[spmaganti]

H-1 Quota Applicability

Mycase is similar to this one. I have H1 and then changed my status to H-4. I have applied for H-1 on Feb 25th, 2004 and got it approved within 2 weeks. So, I am not counted towards the H-1 CAP. Hope this helps!!