About H-1B workers who have been counted previously against the cap.


SonyJindal

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USICS had published a news on April 7, 2017-  USCIS Reaches FY 2018 H-1B Cap

Under this article USCIS has mentioned about " H-1B workers who have been counted previously against the cap, and who still retain their cap number , will also not be counted toward the congressionally mandated FY 2018 H-1B cap."

I wanted to know what does this exactly mean under following scenario:  

 H1b Petition was filed for a person  previously in 2009 under U S. advanced degree exemption,  candidate worked in US for 3 years and then remained out of US for few years. Now again the Fresh H1B Petition for year 2018 has been filed for the same person.  

Does this statement applies to the scenario explained above and that this means the Fresh Petition will be counted against the previously assigned cap number. 

Please share your thoughts. 

Thanks

Full Article link 

https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2018-h-1b-cap

 
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On 6/6/2017 at 11:27 PM, rohang said:

if you get selected in 2018 lottery, you will be eligible for fresh 6 years.

Rohan,

Thanks for the reply. 

My question here is that,  when case is not piked in lottery of 2018 or its not considered to be eligible for lottery pool since candidate is already counted against a H1B Cap in the previous years, would USCIS consider the h1b petition and process it separately. 

"H-1B workers who have been counted previously against the cap, and who still retain their cap number , will also not be counted toward the congressionally mandated FY 2018 H-1B cap."

 

Thanks 

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