LEGAL GUIDE
Written by attorney Linda Yin Liang

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.

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