Is an H1B Master's degree exemption considered counted towards cap?

C

CeciliaB

New Member
Hi there,

I have previously been in H1B status as a Master's degree holder, about 4 months ago. Now that I have a new job offer from the US, am I subject to the cap? I was one of the 20,000 extra H1Bs for Master's degrees... is that technically considered "previously counted towards the cap"??
 
I beleive you are not subject to cap. You should be able to use your existing H1, and file a transfer/extension/change-of-status for the new employer.

If you talk to the company's lawyer that offered the job, you should be able to get this clarified.


CeciliaB said:
Hi there,

I have previously been in H1B status as a Master's degree holder, about 4 months ago. Now that I have a new job offer from the US, am I subject to the cap? I was one of the 20,000 extra H1Bs for Master's degrees... is that technically considered "previously counted towards the cap"??
Click to expand...
 
Last edited by a moderator:
If you are still in the H1B quota you can transfer. If you came back to F1 Visa, then you lost your H1B and have to reapply. However, if your H1B was from any non-profit and trying to move to a new company for profit, then things are different. But no harm in checking with others at http://www.rahasiam.com I'm not a legal expert, but sharing you this information based on the experience.
 
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