My first h1b petition was approved back in Oct 2005 with effective date of Jan 2006. I was then in h1b status until July 2007 when I decided to continue pursuing a higher degree in the US(F1 status since then). Am I subject to cap again this year? Some websites say one is exempt from cap if previously "counted" in the past 6 years (in this case it is more than 6 years ago) and some say one is exempt if previously "held" h1b status any time in the past 6 years(in this case I am exempt from the cap until July 2013). The first scenario is bad for me as I am subject to cap this year and still only have 4.5 years left in h1b status limit. Please advice. Thank you very much.
An H-1B employee who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six year period of maximum admission, rather than seeking a new six-year period of admission. ..USCIS for now will allow an alien in the situation described above to elect either (1) to be readmitted for the remainder of the initial six year admission period without being subject to the H-1B cap if previously counted, or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
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