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Done COS to F2 from H1, can i apply for new H1B without cap limit

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  • Done COS to F2 from H1, can i apply for new H1B without cap limit

    Hi

    I am in USA under H1B since Oct 2006, on Nov 11th applied for Change of status to F2 and it got approved on Dec 2nd, 2011. Recently i got an job opportunity, i still have 13 months left in my first H1B tenure of 6 years.

    Currently, i understand FY 2012 CAP is filled, so can i still get a new H1B using my earlier H1B.

    Not sure how USCIS approved my F2 in 20 days.

    Any guidance is greatly appreciated.

    Thanks

  • #2
    If you haven't used all 6 years in the previous H1B period (H1B + L1 combined), then any employer can file a new H1B using the CAP from the previous approval notice. You need to be maintaining a valid F1 status for a COS from F1 to H1B to work successfully,
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Your spouse needs to be maintaining F1 status since your status F2. The rest is correct. You cannot begin working until change of status gets approved.
      This is my opinion and not legal advice.

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