H1B(exempt) - > F1 (Pending) -> H1B(exempt)

[blibli667]

Hello Murthy Forums,

This forum has helped me a lot, therefore I thought to write about my recent experience with change of status. I am from Pakistan and came to USA on F1 for MS. My H1B status through a contracting company started in June 2012. This was a cap exempt H1B due to the client. I worked there for two years (17 months on OPT + 7 months on H1B) and then that job ended. I applied for a COS to F1 a month before being dropped from the payroll and sent recent pay stubs and original I94 along with COS application. I got COS receipt from USCIS within 15 days of sending my application packet but the case remained pending and I found another cap-exempt job within 2 months of loosing my job. This was a direct hire position. I disclosed my situation to my new employer and they filed a new H1B petition with a copy of the receipt for my COS to F1 application. My new employer used premium processing and within 6 working days, USCIS(California) notified them of approval through email and they received my new I94 within 2 weeks after that. I used the H1B approval notice to notify my school to cancel my f1 whose COS was still pending. This was quite a complicated and unfortunate situation, due to the cap exempt H1B which cannot be transferred to a cap subject employer if either the individual has already been counted toward the cap in past six years of cap or cap hasn't been reached for the year yet. I hope it helps some one to plan ahead if facing the unfortunate situation of suddenly loosing a cap-exempt job.

I don't know if its possible or not but I would avoid getting a cap exempt H1B if circumstances allow because it limits the opportunities one has as compared to being on a regular H1B.

Thank you for reading.