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H1B (unused) - cap exempt H1B - non cap exempt H1B...pls help

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  • H1B (unused) - cap exempt H1B - non cap exempt H1B...pls help

    I am currently on a cap exempt H1B and have an offer from an employer which is non cap exempt. I have a US Master's degree. Here's a brief history of my immigration profile followed by my question. While on OPT, I was with a consultancy firm who applied for my H1B which was subject to the annual cap. This H1B was valid from Feb'2005 to Aug'2006. However, I obtained an offer from a cap exempt employer and started working from Jan'2005 while on OPT and transitioned to an H1B in May'2005 after OPT expired. As I have an offer right now from non cap exempt employer, am I subjected to the H1B cap or not, as I was already subjected to cap once, even though this H1B was not used. Appreciate your feedback.

  • #2
    H1 issues

    I am currently on a cap exempt H1B and have an offer from an employer which is non cap exempt. I have a US Master's degree. Here's a brief history of my immigration profile followed by my question. While on OPT, I was with a consultancy firm who applied for my H1B which was subject to the annual cap. This H1B was valid from Feb'2005 to Aug'2006. However, I obtained an offer from a cap exempt employer and started working from Jan'2005 while on OPT and transitioned to an H1B in May'2005 after OPT expired.

    As I have an offer right now from non cap exempt employer, am I subjected to the H1B cap or not,

    ---- NO
    as I was already subjected to cap once, even though this H1B was not used.

    ---- NO. Your H1 may need to renewed if it has expired as you have already been couted in H1 cap

    Subramanya

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