H1B lottery required with I-140 approved (F1 status in between)?

Hi everyone, here is my situation:

  1. First 6 years of H1B ended in 2019.
  2. Got I-140 approved in 2018.
  3. H1B extended for another 3 years, 2019 - 2022.
  4. In 2020, I switched from H1B to F1 to pursue MBA.
  5. I have used all of my OPT for my previous Master’s degree, cannot use OPT post-MBA.

For full-time positions post-MBA (in 2022), is my H1B considered cap exempt? Or will I have to go through lottery process again?


Curious to know why change of status when you can enroll to college even on H1B and while you keep working.

Yes you can use your approved I-140 to start with a new H1B employer and they can file H1B petition under cap-exempt, meaning no need to go through lottery.

Thanks for the reply. I wanted to do a full-time MBA, so switched status to F-1.