Change of Status (H4 to H1) subject to Cap?

[garnet81]

Hi,

I am currently on H4 Visa from last 1 year in US. I was planning to apply for change of status from (H4 to H1) under premium processing, but just came to know that that 65000 H1b quota is reachd.

Can you please let me know if the Change of Status (H4 to H1) with premium processing is also subject to 65000 H1 quota limit?

If so, is there any option for me, other than to wait till April of next year?

Thank you for your time.

Regards

[shervin143]

Every H1B is subjected to CAP (Unless filed by a non-profit organization). Premium processing just gives you a result within 15 days after filing the petition. You have to wait until next year to file a new H1B. There is no other option unless you find a non-profit organization that can sponsor you a CAP exempt petition.