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#6: You were previously COUNTED under the H-1B quota

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If you were previously COUNTED under the H-1B quota, you are exempt from the quota for your next employment, or for any concurrent employment.

The applicable law states:

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

INA 214(g)(7).

The exemption also applies to H-1B holders, who are outside of the U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap. See our page H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap.

Note, however, that if your prior H-1B was for an exempt--e.g., the petitioning employer was an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit research organization or governmental research institution, etc.--then you would not be deemed to have been "counted", and you would be subject to the H-1B quota.

Temporary Visas (Work, Study, Tourist)

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Since 1991, Antao & Chuang, Attorneys at Law, has served clients located throughout the U.S. and the world in U.S. immigration matters. Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal. To contact Antao & Chuang about your individual matter, please use the following form:

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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