Numerical Limitation Exemption

cocoamix

New Member
20.If an alien has been previously granted status as an H1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status, should this alien be exempted from H1b numerical limitation?

Yes
==

Above is a paragraph I copied from a web site.

I was working on H1b status for about 2.5 years before I quit and became a full-time student (F1 status). I'm currently on OPT (which will expire soon). If the informatoin above is correct, does that mean I'm exempt from the quota limit and my employer is able to submit the H1b applicatoin for me now?

Did somebody really get his/her H1b after the cap limit was reached through this exemption? If so, were there any extra document needed to be provided?

My lawyer doesnt' seem to know too much about this and I really need to know this ASAP so that he won't make any mistake and cause some further problems. He even had problems filling out the I-129 and my clock is ticking. Please help!
 
cocoamix said:
My lawyer doesnt' seem to know too much about this and I really need to know this ASAP so that he won't make any mistake and cause some further problems. He even had problems filling out the I-129 and my clock is ticking. Please help!
WHy does you lawyer not know such a simple thing ?
You are not subject to quota if you were counted toward quota before(if your previous H1 was cap exempt, it's totally different story, though)


INA 214(g)(7)

(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
 
Hi,
I have a similar question regarding numerical limitation exemptions. I had an H1 before valid from June 1999-June 2002. However, I've never used it (I did not cross border and come back to US with H1 status) since I was in TN status. I quit the sponsoring company and I think that time transferring to another company using the same H1 was not yet allowed. Since then I've been in TN and haven't left the US for more than a year. Anyways, if I applied today for an H1, will I be cap-exempt or need to file this April. Really appreciate your help.

Thanks in advance!
pinoyInDC :)
 
H4 H1 H4 subjected to Cap..?

my wife applied for H4 to H1, COS was denied, H1 was approved.

If she applies from H4 to new H1, will it be counted towards cap..?
 
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