F1-H1 transfer : cap exempt if previously approved H1B?


debugpoint136

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I worked in a big IT firm in India from 2007 to 2011. My employer sponsored my H1B visa (valid from October 2010 to Sep 2011) and I got the same approved and stamped. But I decided to study further and came to do MS in July 2011 (first time entry to US). I am still on F1 status and have been working on OPT since my graduation. If my employer (profit org) decide to sponsor my H1B again, would it be cap exempt? (since I already got a cap approved H1B earlier).

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I worked in a big IT firm in India from 2007 to 2011. My employer sponsored my H1B visa (valid from October 2010 to Sep 2011) and I got the same approved and stamped. But I decided to study further and came to do MS in July 2011 (first time entry to US). I am still on F1 status and have been working on OPT since my graduation. If my employer (profit org) decide to sponsor my H1B again, would it be cap exempt? (since I already got a cap approved H1B earlier).

Yes, you are cap exempt.

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