Done COS to F2 from H1, can i apply for new H1B without cap limit

[choice2012]

Hi

I am in USA under H1B since Oct 2006, on Nov 11th applied for Change of status to F2 and it got approved on Dec 2nd, 2011. Recently i got an job opportunity, i still have 13 months left in my first H1B tenure of 6 years.

Currently, i understand FY 2012 CAP is filled, so can i still get a new H1B using my earlier H1B.

Not sure how USCIS approved my F2 in 20 days.

Any guidance is greatly appreciated.

Thanks

[shervin143]

If you haven't used all 6 years in the previous H1B period (H1B + L1 combined), then any employer can file a new H1B using the CAP from the previous approval notice. You need to be maintaining a valid F1 status for a COS from F1 to H1B to work successfully,

[kabkaba]

Your spouse needs to be maintaining F1 status since your status F2. The rest is correct. You cannot begin working until change of status gets approved.