Is my H1B cap exempt?


Kap12345

Recommended Posts

Can I shift from F1 to H1B half way through the course?

Here's my status:

Dec 2006 - Entered US on H1B

Oct 2008 - Transferred to another employer

June 2010 - Filed for extension (Got extension till 2012)

Oct 2010 - Travelled India.. stamping was due but visa was not stamped.

Jan 2011 - Got rejection letter from US Embassy, Delhi

Wasn't too desperate about coming back so never tried again and started working in India

Jul 2012 - Came back to US for MBA on F1. Completed one year and one year is remaining

However, due to some unexpected financial circumstances I am thinking about taking a break and working to help raise funds for 2nd year else I would have to completely leave program mid-way which would be devastating. My university is very reputed but does not allow working while taking a 6 month-1yr break from school.

My questions are:

1. Can I go from an F1 to an H1B? (considering my program is only half complete)

2. If I can shift to H1B, Since I have previously stayed in US on H1B for 4 years, if I file a new H1B would that be part of H1B cap or cap exempt? (I believe my employer had revoked my previous visa after I could not secure stamping)

3. If it is cap exempt, do I need to go with the same (previous) employer or anyone can file a visa?

Answers to these questions AND any other general advise to help my situation are welcome.

Cheeers

Link to comment

Archived

This topic is now archived and is closed to further replies.