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?


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)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.