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COS to F2 and back to H1B

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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Will H1b application be cap-exempt since I have valid approved I-140 (not revoked /withdrawn)?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.



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