Subject to H-1B cap or not?

shankyyy

Registered Users (C)
I was on F-1; then changed to H-1 but never worked on that H-1; changed back to F-1. Now I am on H-1 for a cap-exempt employer

- If I now change employers from my current cap-exempt
employer to a regular cap employer, will I be counted
towards the cap? or will my first H-1, on which I
never worked, be considered to have been counted in the
cap,, and hence this would just be a H-1 transfer, and
thus portability can be used?

Thanks in advance for your feedback.
 
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