H4 to H1 transfer eligibility (with previous H1 intact)


sahithip.raju

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I came USA in early 2015 on H4 visa as a dependant.


Later my employer filed for my H1 through cap and it got picked with effective i-94 validity Oct 2015 to Jun 2018. 


I was employed for first 3 months and later couldn't find a job. Hence I decided to change my status to H4 visa by visiting India (DS-160 stamping process). I returned USA few months ago on H4 again. 


Currently an employer has position matching my skillset and willing to sponsor H1 transfer.


My concerns are


1. Am I eligible for cap-exempt ( My previous employer assured that they won't revoke. But I would like to know even if it was revoked)


2. Can both H1 transfer & COS be applied in premium processing with new employer


 


Thank you


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