Does cap-exempt H1B counts toward 6 years on regular H1B?

[emperor]

Hey guys,

I have an interesting question and haven't found an answer yet.

Here is the deal:

I started working for a University on a cap-exempt H1B visa. After 2 years I switched jobs and my new employer applied for a regular capped H1B visa (which was approved and I was given new number). The question is - does the 2 years on cap-exempt visa count towards regular H1B 6 year limit? If yes, then I can only work for 4 years on my capped H1B visa (2+4). However, if no, then I can enjoy full 6 years and 8 years overall (2+6).

Thoughts?

[raghvi]

Hey guys,

I have an interesting question and haven't found an answer yet.

Here is the deal:

I started working for a University on a cap-exempt H1B visa. After 2 years I switched jobs and my new employer applied for a regular capped H1B visa (which was approved and I was given new number). The question is - does the 2 years on cap-exempt visa count towards regular H1B 6 year limit? If yes, then I can only work for 4 years on my capped H1B visa (2+4). However, if no, then I can enjoy full 6 years and 8 years overall (2+6).

Thoughts?

Whether H1 , cap exempt or non cap exempt, both are considered H1 status, so it is going to be 2+4 not 2+6.

This is my opinion not legal advice.

[emperor]

Whether H1 , cap exempt or non cap exempt, both are considered H1 status, so it is going to be 2+4 not 2+6.

This is my opinion not legal advice.

Thanks! I actually found an answer to it. It all counts toward 6 years. Bummer.