Please clarify your last posting

[mesechina]

Mr. Khanna,

Please clarify the following point from the list of cap exempt classes you provided in your last posting:

(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B

More specifically, if one has counted against an earlier FY cap, then moved to an F1 status for a year and is applying for an H1B again... are they exempt from the FY 2005 cap or not?

Thanks,

Nick

 

[Rajiv S. Khanna]

Originally posted by mesechina
Mr. Khanna,

Please clarify the following point from the list of cap exempt classes you provided in your last posting:

(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B

More specifically, if one has counted against an earlier FY cap, then moved to an F1 status for a year and is applying for an H1B again... are they exempt from the FY 2005 cap or not?

Thanks,

Nick

Appear to be exempt, unless after receiving the H-1 they have spent one continuous year outside USA.