Conflicting opinions from 2 lawyers: H-4 to H-1B (re: Cap exempt or not?)

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Dear all,

 

I have filed for COS from H-1B to H-4. I have received conflicting opinions from 2 lawyers from different offices.

 

My query to both lawyers: After I change status to H-4, if I find a new employer who is willing to sponsor my H-1B, will I have to go through the H-1B quota / cap, and wait until April 1, 2014 to apply?

 

I believed that since I have already worked in the US on H-1B, I would be cap-exempt (not have to go through quota, be able to apply for new H-1B at any time). But during a conversation, lawyer A mentioned that I would be subject to H-1B quota again. Hence I sought the opinion of lawyer B who is confident that I will not have to go through the H-1B quota again, since I have already got H-1B before.

 

Please comment. Lawyer A has advised me to withdraw my H-4 application.

 

Many thanks for your time.

[jairichi]

Dear all,

 

I have filed for COS from H-1B to H-4. I have received conflicting opinions from 2 lawyers from different offices.

 

My query to both lawyers: After I change status to H-4, if I find a new employer who is willing to sponsor my H-1B, will I have to go through the H-1B quota / cap, and wait until April 1, 2014 to apply?

 

I believed that since I have already worked in the US on H-1B, I would be cap-exempt (not have to go through quota, be able to apply for new H-1B at any time). But during a conversation, lawyer A mentioned that I would be subject to H-1B quota again. Hence I sought the opinion of lawyer B who is confident that I will not have to go through the H-1B quota again, since I have already got H-1B before.

 

Please comment. Lawyer A has advised me to withdraw my H-4 application.

 

Many thanks for your time.

As long as you have not utilized the maximum period of 6 years allowed on a H1B visa you are cap exempt

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Thanks again jairichi!

[bhalc]

Cap exempt