H1B changed to J2. If I want H1B again, is it cap exempt?

[vandamme10]

Hello,

 

I was on H1B visa from 2006-2010 (4 years). In 2010 I changed my status to J2 visa. Now if I want to change back to H1B having an employer ready to sponsor me, does my case come under cap exempt so that I can use the remaining 2 years of my previous H1B or should I start a totally new one in 2014 April?

 

Thank you

[jairichi]

Hello,

 

I was on H1B visa from 2006-2010 (4 years). In 2010 I changed my status to J2 visa. Now if I want to change back to H1B having an employer ready to sponsor me, does my case come under cap exempt so that I can use the remaining 2 years of my previous H1B or should I start a totally new one in 2014 April?

 

Thank you

You are cap exempt. But, check whether your spouse J1 is subject to 2 year home residency requirement i.e. section 212 (e). If he is then you also are subject to it as you are his dependent now.