H1B Petition approved - COS to F1

[teds]

I am on H4 and have applied for H1B thru desi consultancy and my petition is approved but my COS to H1B is not approved, so my status is still H4. I did not get project as of now and now I am planning to convert to F1 and go for Masters. So, if I leave the company now and in future if I apply for H1B thru a new employer, will I be counted as cap exempt?

[JoeF]

No, you won't be cap-exempt, because you haven't started working on H1.

And you can't "leave the company" because you haven't even joined it yet. You said yourself that you are still on H4...

The employer is obviously a fraud. He was required to provide a client letter with the petition, showing that there is a project for you. What happened to that project?

Next time, find a better employer, not a shady desi consulting company.

[rahul412]

I am on H4 and have applied for H1B thru desi consultancy and my petition is approved but my COS to H1B is not approved, so my status is still H4. I did not get project as of now and now I am planning to convert to F1 and go for Masters. So, if I leave the company now and in future if I apply for H1B thru a new employer, will I be counted as cap exempt?

No it won't be a cap exempt.