H1 to H4 to H1 cap

[my4shopping]

Hi,

I really need help from all of you.

I applied for H1B in 2008 and got approval till 2011. Then I went to India for H1B visa stamping and got rejection. So came back to US in H4 in 2011. I got a job and my employer is confused whether it should go with the new 65,000 cap? or will my previous H1b counted and I need tranfer only?

If I have to apply in new 65 k cap, I wil;l have to wait till April as this year's quota is already finished.

Please advice.

Thanks !

[Attorney_22]

Generally, if an individual was previously counted against the H1B cap within the past six years then that individual is eligible to file a non cap-subject change of status or change of employer H1B petition. If you have additional questions please contact a qualified U.S. immigration attorney.