aditur2112

Hi Sir/ Madam, I am on H1B visa (started Oct, 2014) with I-94 attached with I-797 (not stamped in passport) valid till 1st Nov, 2022. I got laid off due to Covid-19. I have a valid approved I-140 from Feb,2019. I am filing for COS to F2-visa since my spouse is on F1. My question is if I am on F2 visa after its approved and a new employer wants to file my H1b again. • Will H1b application be cap-exempt since I have valid approved I-140 (not revoked /withdrawn)? • Can the new employer use F2 petition receipt (if F2 petition is pending) along with approved I-140 to file for my H1? • If my F2 petition gets denied, will I be allowed to stay in US since my I-94 with I-797 is valid till Nov, 2022. N.B. - The new employer might not be an Academic institution which are cap-exempt. Regards