KKNDan Posted March 11, 2013 Report Share Posted March 11, 2013 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. Link to comment
pontevecchio Posted March 11, 2013 Report Share Posted March 11, 2013 Non cap for about 3 years. Link to comment
KKNDan Posted March 13, 2013 Author Report Share Posted March 13, 2013 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 Link to comment
pontevecchio Posted March 13, 2013 Report Share Posted March 13, 2013 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. Link to comment
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