Can Expired H1 (utilized for just 3 months), can be re-sponsored/ re filed, OUT of CAP?

[Swapdud]

Hi,

I am currently on H4.

Previously, I had an H1 which was valid for 3 years until August 2011. But I have just utilized that H1 for just 3 months in USA.

1. I would like to know if any new employer who is providing me a job could re-open my previous expired H1 and file/ sponsor that, without being subjected to the cap?

2. Will this be subject to the cap?

3. If approved, when can I start working.. ? or should i wait till october in that case also?

4. What are the complications in getting H4 to H1 change of status?

Please let me know!

[darba]

yes, the employer can apply for H1 anytime in future and you will not be considered in CAP for that year. the rule is , if you are already got H1 once through CAP and you will not subject to CAP again. You can start working immediately. employer/attorney would attach a copy of old H1 as a supportive doc while applying.

I got my current H1 with a similar scenario. There are questions in H1 application to answer whether you are subject to CAP, where the attorney/emplyer has to mention NO. Even if they return the application saying the CAP is over, attorney can send a letter with details to consider again..

i do not have exp for your 4th Qn though.