H1 cap exemption without change of status

An H-1B cap exempt petition can be filed without a change of status. However, when the petition is approved, the beneficiary must go outside the US for consular processing and return in order to be legal under H-1B status. In order to be under H-1B status without exiting, the change of status must be requested when the petition is filed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.