H4 to H1B change of status - subject to cap?

[KKNDan]

Hi,

Have a question regarding H4 to H1B change of status.

I was working on H1B visa for about 3 yrs, at the time of renewal at the end of 3 years my H1B visa was rejected. I changed status to H4. It has been just more than 3 yrs that I am on H4, now I am seeking an employer who can file H1B visa.

Question:

Would my application be subject to cap or would it be cap exempt?

Please let me know.

Thanks for your help.

[pontevecchio]

Non cap for about 3 years.

[KKNDan]

Thanks for your reply, however the 3 years mentioned in the reply above is the duration for which I had H4 visa or 3 years from present day?

I would really appreciate if you clarify.

Thanks

[pontevecchio]

Periods in H4 status are delinked from the total of 6 years in H1 status. So you can be in H1 status for 3 years and then in H4 status for 6 years in total and still claim the remaining 3 years in H1 status. An extreme example though valid.