H4 to H1 conversion _Suggestions are welcomed


ParvathiR

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Hi

My Case:

* I am came on h4 to USA on June 2006 and converted to H1 on Oct 2008, which was valid till Sep 2011.

* In April 2011 I moved to another employer through a H1-transfer.

* Due to some reason, my new H1 extension validity was given untill June 2012.

but there was no valid I-94 attached to this H1-B Copy.

* Hence, I travelled to my home country and got visa stamping as H4 on Feb 2012 and returned to US in march 2012

- Currently this H4 visa is valid through April 2014

:

If an employer is willing to sponsor H1B for me, am I eliglible to work?

should i file for a H1-B Transfer or should I file as a new H1-b and considered under new CAP for 2013 or should i file for a new H1-B but not considered under new H1-B CAP?

If I can apply for a new h1-B that is not considered under CAP, I was told it would take 2 to 3 Months for H1-B Approval? How can the employer wait that long? Can I apply in premium, how long would that take? But Ialso heard most of the H1-B's applied in premium or getting rejected?

Please let me know the answer/advice and reason. Truly appreciate your time and help in this regard.

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