What cases are subject to the H-1B annual cap?
Individuals who have never held H-1B status before are subject to the cap. They need to have their cases counted against the cap, unless the cases are being filed by a cap-exempt employer. Individuals who have previously held H-1B status generally would not be subject to the cap, even if they have held some interim status, such as F-1 or H-4. However, this would not be the case if their prior H-1B approvals were cap exempt.
Related Questions
- 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?
- I am currently in H-1B status, am I subject to the annual cap if I change employment and my new employer files an H-1B petition in my behalf?
- What cases are subject to the H-1B annual cap?
