If a foreign national who was granted H-lB status three years ago has not been maintaining status for the past year, will a new H-lB petition be counted against the cap again?
A. If the individual was in the U.S. during all or part of that year, s/he is not subject to the H-lB cap, since AC-21 section 103 amends INA section 214(g)(7)to make clear that anyone who has been counted against the cap in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under USCIS regulations, s/he is eligible for another 6 years of H-I B status, and thus would be subject to the H-1 B cap again.
Related Questions
- If a foreign national who was granted H-lB status three years ago has not been maintaining status for the past year, will a new H-lB petition be counted against the cap again?
- Is it permissible to change Status from J-1 to H-lB in the United States after a hardship waiver is granted?
- How long can a foreign national be employed in H-1B status?
