[F1-H1B-F1] Am I H1B Cap Exempt ?

[deepakrao]

Here is the story/

 

- A student went to USA for higher studies and successfully completed them.
- During the OPT period an employer filed an H1 for the student for a job at company A, and the which was picked, and approved in
the lottery.
- Before the H1B kicked in on October 1st, the (then) on going project was completed, and the student was on
bench. This which was observed (by the government) in random applicant check.
- In this situation the student was left with two choices, one to change
employer with valid offer letter in a on going project or to change the
status from H1 to F1.
- The student opted for the second choice and applied for a change of
status (from H1 to F1 on October 15th, after the H1B was activated).

-The employer withdrew the H1B application once the student applied for a change of status.

- This change of status request was rejected by the USCIS.
- And the student return back to India, only after utilizing 15 days of his H1B

Now, is the student/person cap exempt ? can he use the remainder of his H1B time without worry about the H1B lottery ?

 

Let me know if you need more details.

Any help would be highly appreciated.

 

Thank You