Immigration Voice

johnv · #1 (**permalink**) 08-26-2008, 04:49 PM

I got my H1 approved in Oct 2004 and it was from Oct 2004 - Oct 2007. I used only 6 months of H1 and later went on TN (work visa for Canadian citizens) and remained in US working on TN for 4 years. I was in US all these years. Now even the earlier H1 approval duration is over, Can I apply for H1 with another employer using the old 2004 H1 quota cap or it has to be under new 2009 cap? Thanks in advance.

desi3933 · #2 (**permalink**) 08-26-2008, 05:01 PM

Quote:

Originally Posted by johnv

I got my H1 approved in Oct 2004 and it was from Oct 2004 - Oct 2007. I used only 6 months of H1 and later went on TN (work visa for Canadian citizens) and remained in US working on TN for 4 years. I was in US all these years. Now even the earlier H1 approval duration is over, Can I apply for H1 with another employer using the old 2004 H1 quota cap or it has to be under new 2009 cap? Thanks in advance.

Your H1 is NOT subject to cap as you had H1 in last 6 years.

________________
Not a legal advise.

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