I am prior H1B visa holder. Am I subject to H1B Cap?
The AC21 H1B portability provisions state that a nonimmigrant, who was previously issued a visa or otherwise provided with nonimmigrant H1B status, is authorized to work upon the filing of an H1B petition by a new prospective employer if three requirements are met.
What about those who is not currently in H1B status yet previously was and has not used up the six yThe final rule states, in part “ Section 105 of AC21 further improved the H-1B program by increasing job portability for H-1B nonimmigrant workers. Specifically, section 105 allows an H-1B nonimmigrant worker to begin concurrent or new H-1B employment upon the filing of a timely, nonfrivolous H-1B petition. See INA 214(n), 8 U.S.C. 1184(n). The H-1B nonimmigrant worker must have been lawfully admitted to the United States, must not have worked without authorization after the lawful admission, and must be in a period of stay authorized by the Secretary.”
ConclusionThat is to say, a person who were in H1B previously and stayed on other visa prior to filing, will be eligible to file another H1B and not subject to numerical cap.