Dr. William:

I am in H-1B status for more than a year. Now another company wants to hire me for some part-time consulting job. I know that I need to apply for a second H-1B from that company. My question here is where the second H-1B application will be counted towards the yearly H-1B cap?

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Answer:

As a current H-1B worker, your second H-1B application will not be counted towards the yearly H-1B cap. According to USCIS, petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. 

Accordingly, USCIS will continue to process petitions filed to: 1) Allow current H-1B workers to work concurrently in a second H-1B position; 2) Extend the amount of time a current H-1B worker may remain in the United States; 3) Change the terms of employment for current H-1B workers; 4) Allow current H-1B workers to change employers.