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H4 to H1B COS (Change Of Status)

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  • H4 to H1B COS (Change Of Status)

    Hi,
    I had a stamped H1B visa with validity through 2014 till 2016. I never used it or travelled to USA with that H1B.
    Now i am in USA under H4 visa and my H1B was cancelled when i went for H4 stamping.
    I would like to apply for Change of status from H4 to H1B.
    In many forums i read that i will be Cap Exempt if i apply for H1B again and that i do not have to wait till April to apply.
    But a consultancy that i got in touch with, told me that the USCIS rules have changed and i will come under cap if i apply for H1B again.
    Kindly let me know if i will fall under the cap system or not?
    Thanks in advance !

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