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If I entered the U.S. on H-1B visa status and switched to another classification, am I subject to the annual H-1B cap if I apply to switch back to H-1B status?

April 26, 2017annual cap Classification H-1B Status Subject Visa

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If I entered the U.S. on H-1B visa status and switched to another classification, am I subject to the annual H-1B cap if I apply to switch back to H-1B status?

1 Answer

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You are not subject to the annual H-1B cap if you have been counted within the past 6 years against the numerical limitation of H-1B visas and not been absent from the United States for more than one year.