I was in H1B status for 8 months (Oct 2008 to May 2009). I am currently in F-1 status and will be applying for an H1B position this April. Will I be subject to the H1B cap again?


In this example, assuming that the prior H1B was cap subject, the H1B filing in 2014 would not be cap subject. As a general matter, a person only needs to be counted against the cap once, unless s/he leaves for a year and wishes to return to the United States for a new six-year period. Therefore, based on the information provided, the H1B petition case could be filed at any time and could request an immediate start date. (20.Jan.2014)

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