H1 to J2 to H1 (Cap Issue)

T

tradhi

Registered Users (C)
Hello,

I am currently on a J2 visa (J1 Dependent) and have been working through a J2 work permit. I was on a H1 visa until November 2003 and my H1 stamp on the passport indicates July 2005. Now, if I want to go back onto a H1 visa, will I be subject to the H1 cap.

Your help in this regard is very much appreciated.

Thanks.
-R
 
You wont be subject to the cap unless your previous H1B was exempt. But if your spouse's J2 is subject to the 2 year home residency rule, then you need to get a waiver before applying for the H1B.
 
I have similar question which i posted little while back, but did not receive response yet. Can you please suggest?

My wife applied and got H1 about 4 years ago. But she never accepted(never on payroll, so was on H4) and later got extension for H4 along with my H1. H1 that she got long time ago has also expired about year ago. If she has to apply for H1 now, will it be H1 transfer or does needs new H1(under H1 cap and unfortunately it is over for this year). I would appreciate any inputs on this. Thanks a lot

Can you please tell me what you mean by "previous H1B was exempt"?

Thanks a lot
 
Raj1994 said:
You wont be subject to the cap unless your previous H1B was exempt. But if your spouse's J2 is subject to the 2 year home residency rule, then you need to get a waiver before applying for the H1B.
Click to expand...

Hi Raj,

I am extremely thankful for the response. I have another question. Please help. The problem is not with my husband's visa. My husband and myself got the waiver to the 2 year rule. He was never on a H1. He came to the country last year on a J1. I was on a cap exempt H1 until from July 2002 to Nov 2003 and then changed to a J2 in December. So, if I am not subject to the cap, can I apply even in January / Feb 2005 for the new H1 or should it be before Nov 2004 as it will be an year by then.

1. The problem is that my project is ending Dec 2004 and its easier to get a job on a J2 work permit than a H1. So, can I wait until Feb and then apply after I join another firm or since the one year will be over by then, I will be subject to the cap.

Thanks again
Radhika
 
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