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H1B to F-1 Back to H1B subject to cap?

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  • H1B to F-1 Back to H1B subject to cap?

    I was on H1B and just got recently laid off, I was thinkning of changing to F1. the question is , do changing to F1 will cause me to be subjected to H1B cap when I got another job and applied to H1B again?

  • #2
    No. You are already CAP counted. By providing a copy of the existing H1B approval notice to your new employer (Or atleast the receipt number), you can get back to H1B status (if approved) without having to wait for the new CAP to open (provided you haven't spent all 6 years of H1B period).
    Not a legal advice. Use of this information is strictly at your own risk.

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