H1 cap exempt

[venmish]

No. Just being present in US already isn't a criteria for being Cap exempt. This is my opinion not legal advice.

Hi, I am presently on F2 and was previously on F1. Went to F2 after utilizing my OPT. I have a job offer and the company has sponsored H1b for me. Result awaited. My question was
1) Can i start to work when the decision is still pending post 1st October
2) Since I am already in US, will my case be treated as COS
3) Should I have applied for COS to H1B instead of filing for H1b.
4) if i should have applied for COS to H1b, could I have started to work as soon as I would have got the approval, even if I got it before 1st october, or I would have to wait for !st October in either case

[raghvi]

My question is that "Is COS from F2 to H1 treated as Cap-exempt, since the candidate is already staying in US?"

No. Just being present in US already isn't a criteria for being Cap exempt. This is my opinion not legal advice.

[venmish]

My question is that "Is COS from F2 to H1 treated as Cap-exempt, since the candidate is already staying in US?"