H4 - H1 Change of status issue

[vidhyak8182]

I came US with H4 at feb 2006. Got my H1 at Oct 2007 to Sep 2010. But I couldnt find a job when I was in H1, so my employer dint run even a single payroll. I dint officially apply for H4. Then I went back to India and got my H4 stamping at oct 2008. Now I want to convert again to H1. My questions are:

1. Since my H1 has already expired, Can I apply Change of status now or should I go through the cap again? I read in USCIS site that one person can apply H1 only once through cap. Does that mean I can never change my status to H1 again?

2. I read that my employer should pay me in H1 until I file H4. Will this create a problem if I apply Change of Status again?

Please help me.

Thanks

Vidhya

[pontevecchio]

1. You are not subject to the cap.

2. Possibly not.

Please talk to a Lawyer first before you try and get a H1 sponsor and feel free to kick your SO where it hurts.

[vidhyak8182]

I read many similar threads, but I couldnt get answer for my problem since its little complicated. Any advice regarding this is appriciated. Thanks