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Is 20,000 Advanced degree Cap for First time H1B Applicant only?

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  • Is 20,000 Advanced degree Cap for First time H1B Applicant only?

    Hi Desi OPT,Thanks for posting my previous question.I have one more question unanswered:
    Does the 20,000 additional H1 Visa's reserved for foreign workers who have earned an advanced degree from a U.S. university valid only for the first time applicant or for the one's also who has already availed the H1 on attaining higher education.

    An example to explain my question: If I have graduated in 2009. Used my OPT till 2010 & my H1 visa there after is 2010-2013. So would I be still be under the 20,000 cat. when applying again?

    This was posted on on April 12th 2013

  • #2
    According to USCIS the following four cases will not fall under CAP limit. 1) Extend the amount of time a current H-1B worker may remain in the United States.
    2) Change the terms of employment for current H-1B workers.
    3) Allow current H-1B workers to change employers.
    4) Allow current H-1B workers to work concurrently in a second H-1B position. Source: USCIS Website


    • #3
      No- you have already been counted against the cap.


      • #4
        Lol ... You are cap counted once .. You can clime reminder of your 6 yrs or ..If you want to apply fresh h1 you gotta be out of country for 1 yr.