F2 (for F1-OPT) or H1 CAP - Which is better?

[dharshinis]

Hi,

 

I had a H1-B thru' Indian MNC in 2007 and I traveled to US in 2008 for 4 months. Later the same H1-B CAP was applied and I traveled in 2012 for 4 months and 2013 for 11 months. 2014 January, I came back and the H1-B VISA is expired as of now.

 

I am getting married in January 2016 and my fiance is in US in F1-OPT working for an American firm as a full time employee (He is BE,MTech(India), PhD in USA). His H1-B didn't get picked up in lottery in 2015 and he will apply again in Apr 2016. Meanwhile he applied for F1-OPT extension.

 

I came to know that, since, I haven't utilized my H1B for 6yrs (I used 19 months precisely), my H1-B can be initiated as H1B CAP. I moved out from my previous employer who issued my VISA.

 

1. Can a new employer process my H1-B CAP?
2. Is it advisable to apply for F2 dependent? I heard many F2s are getting rejected and I wonder, will I be rejected as potential immigrant 'cos of my H1-B CAP availability and my work experience (12yrs in IT industry)?
3. Should I apply for H1-B CAP or F2? which is advisable?
4. If I can apply for H1-B CAP should I do so here while being in India or going to USA (F2-H1 CAP)?

 

Please advise. Thanks in Advance.

 

Regards,

Dharshini

[jairichi]

1. Yes, you are cap exempt.

2. No.

3. Enter on F2 and look for an employer who is willing to hire you and apply for a COS to H1B.

4. You can do anywhere but you need an employer to do so.