samp1984 Posted November 21, 2012 Report Share Posted November 21, 2012 I was in the US on a h1b visa from oct 2011 - oct 2012. I quit work, left the country and applied for a b2 visa which was approved. I traveled back to the US on my b2 visa on 11/08. I recently found another job (company that is willing and able to file for a h1b and have the following questions 1. Will I (my new employer) be able to file a COS to h1b from my current b2 status? My b2 i94 is valid until may 2013. They will file it using premium processing. Is this route recommended? 2. Will my new h1b be cap exempt given the fact that I recently got an h1b (in oct 2011)? Thanks! Link to comment
JoeF Posted November 21, 2012 Report Share Posted November 21, 2012 They can file it as COS. You are not counted again for the quota. You can only work once the H1 is approved. Link to comment
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