H1B CAP exempt Petition

USA H1B Visa
1

I had H1B Visa Stamping at Hyderabad ( India) in November 2012, I got a petition (mechanical profile) and visa which is for 3 years ( from Nov 2012 to Sep 2015).

But in August 2014 I got F1 Visa by cancelling H1B visa at Hyderabad, India.

Completed my Masters in mechanical August 2014 - May 2016.

Currently working in OPT EAD valid from June 01 2016 - May 31 2017.

Can I convert from ( F1-OPT ) to ( H1B ) status as “CAP Exemption” for my current employer (company A)?

If so, please answer the following situations I may face

Situation 1: ( F1-OPT ) to ( H1B ) using " CAP exempt Unused 2012 Petition"

While the change of status is in progress, If I lose my Job (company A) and If my petition, (mechanical profile) does not get approved.

Eventhen can I file new petiton to a (company XYZ) in IT related field as " CAP exemption "

Situation 2:

The moment my H1B is approved, will I be converted to H1 status?

If I lose my job on the same day when I have converted to H1 status, my pay check would be technically one day.

Can I transfer my H1B petition (Mechanical) from (company A) to H1B (IT) (company XYZ) with a 1 day Pay stub ( Pay stub issued for every 15 days).

2

  1. Yes, you are eligible for cap-exempt petition using the previously approved H-1 petition. If you lose job w/ A, then XYZ can file a cap-exempt petition for you.

  2. Your cap-exempt petition can be applied w/ COS (change of status). Once approved, your status will become H-1.

As long as you have been maintaining legal status, XYZ can file a cap-exempt petition for you.

3

Thanks Saurabh for your prompt response