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I have a question. I had an H1B from 2009 to 2011. For personal reasons i took leave of absence from my employer and went on a 5 month leave during which period i converted to H4 and was in the US. Now the same employer did an H4 to H1 for me after my leave but the H1B is in RFE.

Now my question is if the H1B is denied, will I be counted against the cap (and hence wait for another H1B season) if I have to get my H1B.

Or since I was already counted against the cap in 2009 will i be able to get a new H1B through a new employer. [currently i am on H4]


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