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F2 to H1B for expired H1B

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  • F2 to H1B for expired H1B

    I have a question with regard to my existing H1-b Cap.

    One of the previous Employer filed H1-B for me in April, 2008 and I got approval in October, 2008. My petition was valid from 01-Oct-2008 to 31-Jul-2011. I went for atamping in India on Oct 2009 and I travelled to US and worked there for 3 months (Nov 2009 to Jan 2010) and came back to India.

    Now my wife is planning to go to US on F1 visa and I'm planning to go there on F2 as dependent in Dec 2014.

    Can I apply for Change of Status after I go there from F2 to H1B?
    Will I be counted in CAP as the approved i-797 is more than 6 years old?

    Kindly let me know what are the options I have to work in US after I go there on F2 visa and to make change of Status to H1.

    Thanks in Advance.

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