H1 used for one year converted into H4

[lari]

Hi 

I came to US on H4 and then changed H4 to H1 in 2007 .Got  three years  I used one year only changed back to H4.we moved to India for two years.Now I am on H4 .Again I want to change From H4 to H1.

 

1. will I  come under quota or Not ?

2.Can I use my expired H1 for transfer?

 

 

Thanks

[jairichi]

1. You are cap exempt and an employer can file a COS to H1B petition anytime.

2. Refer 1.