H4 -> H1 question

K

kkk77

New Member
Dear Sir,

After my MS, I worked in a company, on H-1B, from Mar 2002 to Oct 2002. After I got laid off, I applied for H4 in Nov '02, which got approved in Apr '03.

If a company files for a H-1B on my behalf this month (Sep '04), will it be counted towards the H-1 cap or since I have already been counted once, will I exempt from the cap ? Since the law says that I will be counted again only if I am eligible for a full 6 years, I guess, my question can be rephrased as - will I be eligible for a full 6 years if I have been on H4 since my lay off (which date is relevant here - my H4 filing date or H4 approval date) ?

I really appreciate your help.

thanks
 
CAP Exempt

your new H1b will not be conted against CAP,if have not left US for more then 6 month. My wife had a same case.She got H1B this year june after chaging H1b-H4 then H1b. but your H1b time will be from your first h1b date or entry date in US.
 
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