COS from H4 to H1-Am I a Cap exempt

[sarojaku]

Hi,

I came to US on H1 visa valid from Oct 2010 to Sep 2011. On Aug 2011,though my company had given for visa extension, I had quit my job and changed my status to H4 as dependent of my husband.Idonot know what happened to that extension petition. Now I am ready to change my status back to H1.I never went back to india.

Will I be considered as a Cap exempt.If so, Will I able to work from the moment I get my new petition number.Will the extension filed by my old company cause any problem in processing my new H1 petition.Please advice.

Thanks

Saroja

[pontevecchio]

You will be cap exempt and will be able to work on approval of the H1 petition with COS from H4.

[sarojaku]

Thanks for the reply. What will happen if I visit India and comes back in H4. Am I still a cap exempt? Can I work anytime I get my H1 approved? Is there any rule on getting COS from H4 to H1 within one year I quit my company?

[JoeF]

If you have been counted for the H1 quota in the last six years you are not counted again.

BTW, this has been answered lots of times. Please do a search the next time before asking the same question all over again.

[pontevecchio]

No one year rule. You can work anytime your H1 petition is approved with COS from H4 or you come back with a H1 visa after your H1 petition is approved.