L2 to H1


ankitjc

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Hello, 

 

I came to US as a student on F1 visa. 

After working for 2 years on F1 OPT, I changed my visa to L2. 

 

Now my employer wants to file H1 for me. Will I be still considered in graduate student or F1 cap exempt quota (20K)?  

Only if you did your master's from an US accredited, public or non profit institution you are eligible for master's quota H1B filing.

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I definitely completed my master's from an US accredited, public or non profit institution. 

 

But the question is right now I am not on F1. I am holding a L2 visa. 

 

Will I still qualify for the H-1B cap exempt quota? Or Do i need to file in the general catagory? 

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I definitely completed my master's from an US accredited, public or non profit institution. 

 

But the question is right now I am not on F1. I am holding a L2 visa. 

 

Will I still qualify for the H-1B cap exempt quota? Or Do i need to file in the general catagory? 

You are cap subject and come under master's quota. Cap exempt is only when you have been cap counted at least once.

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