Thapap , I am confused with your suggestions, check this out: H1B News : Possible Memo; Cap-Gap Relief is Not Likely Posted May 05, 2006 ©MurthyDotCom Various attorneys from the Murthy Law Firm were involved with the planning and participated in a recent AILA Washington D.C. Chapter Conference. We now are able to share important insights and revelations from senior government officials at the conference relevant to H1Bs. The USCIS anticipates issuing guidance on some key H1B matters shortly, as well as a memo later this summer. Additionally, they advised that they do not foresee any "cap-gap" relief to assist students in changing to H1B status from within the U.S. While the lack of cap-gap relief is not positive, there were other items that may prove beneficial when the USCIS issues guidance on these matters. ©MurthyDotCom The topics addressed in a possible future memo appear to be positive, favorable interpretations of the laws and procedures relating to H1Bs. We want to make it clear that what is being discussed is a possible memo, based on discussions during the conference. This is not, as yet, an existing memo. In addition, the USCIS indicated that they expect further H1B guidance, regarding the H1B Master's Cap and the cap exemption, on what constitutes "affiliation" with an institution of higher learning. This guidance is likely to clarify some areas, while adding restrictions to others. ©MurthyDotCom