H1b cap-exempt quota re-filing

The initial question is whether U.S.C.I.S. would see any refiling as cap exempt since your initial date of working under H-1B status was January 2006, over 10 years ago. The question for U.S.C.I.S. is whether such a petition filed over six years ago should be given standing to support a new petition under the old cap. The question is unresolved at this point, and adjudications with the agency appear to go both ways. Assuming that the adjudicator decides that your new petition is cap exempt, your new petition while in the US can ask for a change of status at the same time as long as you are still in legal status at the time of filing. Once approved, you are not required to leave and come back to the US to begin working. You can work upon the change of status being granted.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.