H1 to F1 and back to H1

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guy_2000

Registered Users (C)
Hi, I am currently on H1b (valid till dec-2009) and planning to do my full time MBA this fall and hence transferring to F1. Now, when I complete my MBA in June-2009, will I be subject to the H1b cap again at that time ? OR I wont be ?
 
GUY_2000,

This is exactly the same question that I have. Were you able to get an answer?

-Romaldo
 
Although I have got a conclusive answer, I think that we might be excluded from the cap as long as we have not exhausted all our 6 yrs of h1b.
 
as far as I know, you are excluded from the cap if you are using the rest of your 6 years, and are subject if you want a completely new 6 year "sentence".
 
Hi guy_2000,

In your last post, did you mean you got a conclusive answer? 100% sure that we are no longer subject from the cap? Is this from a lawyer.

Look at this link: http://www.visalaw.com/04dec3/2dec304.html

Go to Question 'How does the H-1B cap affect an immigrant who requests a change in employers?'

This statement concerns me: 'However, if one leaves an employer and waits more than 30 days to apply for a new H-1B visa, the cap would apply again. '
 
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