If a person held H-1 previously and changed the status to F-1, will s/he be still counted against the cap this year? Can s/he apply for H-1 later (change of status) before expiring the current status?17 Mar 2014
Generally, if a person previously held cap-subject H1B status, s/he would not be cap subject if filing for the remainder of the unused H1B time in the initial six-year period. The change of status to F-1 (or other nonimmigrant status, like H-4) does not make the person subject to the cap again. If one held H1B status previously and did not use the full six years permitted, s/he is usually eligible to change back to H-1 without having to be counted against the cap again. (17.Mar.2014)
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