Jump to content


Photo

H4 to H1B change of status - subject to cap?


  • Please log in to reply
3 replies to this topic

#1 KKNDan

KKNDan

    Newbie

  • Members
  • Pip
  • 2 posts

Posted 11 March 2013 - 10:40 AM

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.

#2 pontevecchio

pontevecchio

    Advanced Member

  • Members
  • PipPipPip
  • 31,416 posts

Posted 11 March 2013 - 02:04 PM

Non cap for about 3 years.

#3 KKNDan

KKNDan

    Newbie

  • Members
  • Pip
  • 2 posts

Posted 13 March 2013 - 01:52 PM

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

#4 pontevecchio

pontevecchio

    Advanced Member

  • Members
  • PipPipPip
  • 31,416 posts

Posted 13 March 2013 - 06:28 PM

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.


0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users