Thank you so much for reading my question. My question is about the specific qualification/requirement of being a H1b Cap Exempt Candidate.
I plan to apply for H1b (final chance) in April next year and go back to school in autumn. If my H1b application is selected and I go to school in autumn, my visa status has to be transferred from F-1 (currently in STEM OPT) to a new F-1 some time between June and August, before Oct 1. Because I wouldn’t have a second OPT after I graduate, I am worrying about my working visa at that time.
I heard that certain individuals are exempt from H1b cap if they have been counted in the last 6 years. They can go back to school (transfer to F-1) and revert back to H1b to use the unused time. Assuming my H1b application could be selected in the lottery and approved next year, which one below is the minimum requirement of becoming such H1b cap exempt candidate?
Petition selected in the lottery and receipt number received in May
Petition reviewed and approved by USCIS some time in June or July
H1b activated on Oct 1 and using it to work (this option does not work for me unless I defer my enrollment to school, right?)
Is there any official rule clarifying this?
If 1) or 2) works it would be ideal because I can be reissued the H1b right after graduation. But if only 3) works, is there any way to work around it? I heard that there is a way of activating H1b called Consular Notation. Is it possible to activate my H1b early in June or July using consular notation and then transfer to F-1 shortly?
Thank you so much for your time and help.