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CAP exempt eligibility for H1B without stamping

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  • CAP exempt eligibility for H1B without stamping

    Hi, I got COS from F1 to H1B approved this year where H1B effective/starting from 1 Oct 2020. Due to some family emergency, I will travel to India in November 2020. Given current circumstances with no new H1B visa stamping happening in India, I am planning to get H4 dependent visa instead.

    Please need help with the below 2 questions:
    1. Will I be eligible for H1 cap-exempt for COS from H4 to H1B later in the future.
    2. What will be the process for H4 stamping in India? Is it a change of status from H1 to H4 or can I directly go for H4 stamping in India?

    Thanks in advance.

  • #2
    1. Yes.
    2. When you leave the US, you do not have any status, and hence no COS. You just go for H4.
    Just an opinion; Not legal advice.

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