H4 to H1B transfer question

[harshavardhan]

Hi

I have applied for h1 visa tru employer XXXXX from India and I got approved and never got chance to go for stamping and use this h1, I happened to apply from employer YYYYY H1-transfer(Cap exempt) and I got approved, but still never used it or never went for H1 stamping also(My H1 is not revoked till date, tho i resigned that company) ,Now I got married and came to USA on H-4 visa, so my current status is H4 visa, can I still do cap exempt H1 transfer with other employer in usa with a change of status from h4 to h1.

Thanks

Harsha

[pontevecchio]

In the absence of fraud if you have been cap counted once you are entitled to a total of 6 years in H1 status spread out over a decade if necessary.

[harshavardhan]

I did not understand the what you trying to tell, can you plz put it little more clear.

My 1st h1(xxxxx) was applied in year 2010 from india then it was transfered on cap in year 2011 to yyyyy. But unfortunatly I have leave yyyyy due to my marrage, rt now my visa is h4 can I still do tranfer to h1 in cap and change my status to h1.

[pontevecchio]

YES.

[harshavardhan]

Thanks for your help