H1b-F1- want to go to H1b

[vs1218]

1. I was holding a valid H1b visa (validity on I-797A - 6/24/2010 to 06/24/2011).

2. Had a change of status to F1 visa (approved on 12/28/2010)

3. As of today, I want to work again. To work on H1b visa again :

* do I have to go through the cap again ?

* can I start working as soon as I have the approval ?

* Will it be a new petition or a transfer or change of status ?

[JoeF]

It is always a new petition. Even a transfer is just a new petition.

You have been counted for the quota, and are not counted again, so a new employer can file an H1 at any time.

[Chitown01]

since you had h1 in the past, you are already counted towards the quota so you are now cap exempt

Yes, as soon as you get approval you can start working

Its always a new petition, the only difference is it will be cap exempt.

[vs1218]

Have another question in the same thread.

When can I start working ?

- When the company files for the h1 ?

or

- Only on receiving the approval that is i-797 ?

Since this is a peculiar situation for many people, this has caused confusion in my case. Does F1-H1b make the case any different from the normal H1b-H1b transfers ?

Please help.

Thanks in advance.

[JoeF]

If you are not in H1 status currently, you have to wait for the H1 petition approval notice to start working.