H1B Related query

[h1b_info]

I have an approved H1B petition with my I-797B with the validity period from
oct 2009 to september2011.I have never been to US and haven't gone for stamping yet and i am in India.

My question is that:
Can i now apply for F1 Visa and after entering in US with F1, can i use my approved H1B to work for the employer who filed for my H1B.

[txh1b]

No. If you enter on F1, you are bound to F1 regulations. Unless you change your status to H1b, you are not allowed to work for the employer that sponsored your H1b.

[mojoStream]

i have the same situation as the thread starter.

when in the US, if applying for COS to H1, will he still be counted against the general cap quota? or he can now apply anytime for an H1 since he already was given an approved petition before but just wasn't able to got it stamped or even used it to enter the US.

thanks.

[shervin143]

If you already have an approved H1B petition, then you can use the CAP from that petition (H1B+L1 in total is for 6 years).

i have the same situation as the thread starter.

when in the US, if applying for COS to H1, will he still be counted against the general cap quota? or he can now apply anytime for an H1 since he already was given an approved petition before but just wasn't able to got it stamped or even used it to enter the US.

thanks.

[mojoStream]

the general cap quota i mean is the no. of H1B slots each year (i.e 65,000).
since he already got approved previously but wasn't able to use it and entered in the US as F1..when he finds a new sponsor/employer will his application for COS to H1 still be counted against the cap? will he not be going thru a lottery if ever there is a lottery?

thanks.

[shervin143]

That is what I mentioned in my previous reply. You don't have to go through the CAP (H1B lottery) again since you are already CAP counted (You can prove that by providing a copy the previous H1B approval notice to your new employer).