OOC applicability for H1B transfer after reentry to USA almost 9yrs later on H4 status

[Sri169]

My spouse had his previous H1B approval in June 2013 and the last entry out of US was on 10 October 2014. He has earlier utilised H1B stay in US overall for only 1.5 yrs duration. Now he has recently arrived in US on H4 dependent status. 

Will he be able to apply for H1B transfer from H4 status under out of cap quota based on previous H1B approval around 9 years back or he has to get into fresh cap for H1B. Kindly request to guide us with your suggestions. Thanks 

[pontevecchio]

He is eligible to reclaim the remainder of 4.5 years in H1 status non-cap. 

 

[Attorney_15]

Generally, someone who has held some H1B time but less than the full 6 years can choose whether to go through the lottery or not. The change in law would generally allow someone who has not held H1B status in almost 10 years to be the beneficiary of an H1B Petition requesting a change of status from H4 to H1B without first going through the lottery.

 

This is a question that I and other Attorneys at Murthy Law Firm receive. We appreciate the anxiety of the circumstance and have experience in representing people in this situation.

[Sri169]

Thanks for the advice. So, from what I understand he can still apply for H1B under out of cap without going through the lottery once again. Please confirm.
 

I would request your assistance in proceeding further. Kindly guide us through. Thanks