Change of Status H4-H1B

[vij.sang001]

I was working on H1B visa since 2008 Oct ,I went for my visa stamping to india in April 2010 my visa was denied so I stayed back in india for an year and came back to UnitedStates on H4 visa on May 2011 .I want to apply for COS H4 to H 1B visa ,So do I come under new 2012 quota or I will be in same old quota as I have worked on H1B visa before (2 plus years on h1b)

[JoeF]

If you have been counted for the quota in the last 6 years, you are not counted again.

An employer can file an H1 for you at any time, and when it is approved you can start working for the employer.