H1B with approved EB2-I140 to F1 PhD and back to H1B - Question on cap exemption

manju_a

New Member
Dear Rajiv Sir,

I worked on H1B from 2014 to 2021, and have an employer sponsored EB2, I140 approved petition. Because of my interest to pursue Ph.D., I traveled to India, stamped my F1 visa and started my full-time Ph.D. study. Now, I am close to completing my Ph.D.

Note. 1. My H1B was cap subject; 2. My EB2-140 was approved in 2018 and I worked until 2021 on H1B.

Could you please advise on the following questions?
1. Can a new employer sponsor me a H1B petition without going through lottery?
2. Upon my Ph.D. completion, if I work for a cap exempt employer, can I later transfer to a cap subject employer? (As my initial H1B was cap subject).

I am asking this to decide if I can stay on F1-OPT for sometime before moving to H1 (provided I don't have to go through lottery).

Thank you.
 
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