H1-H4-H1 Need advice.

[mvangala29@gmail.com]

Hi,

Here is my situation for which iam looking for advice.

1. Employer A applied H1 for me in 2008 apr and received H1 approval on 31aug2008.I have not used or worked on this H1.

2. Employer B(Whom i worked for 5years in homecountry) has filed a cap-exempt H1 petition in Aug 2011 and received approval on 31 aug 2011,I had to resign and could not work on this petition too.

3. I came to US in Nov 2011 on H4 visa.

I am looking for jobs and my question is :

a. If any employer is willing to apply for H1 sponsorship now, Can he file under cap-exempt or should i have to wait until new quota in 2013.

b. Will i be able to use the H1 applied by employer B and file a COS to work under him ?

c. Does my H4 status period count towards 6yr limit of H visa's.

Appreciate your response

Thanks,

Madhu.

[pontevecchio]

a. Cap exempt

b. B will have to file another H1 petition for you.

c. No

[Attorney_22]

Generally, as long an individual has been previously counted against the H1B cap and has not utilized their full six years of H1B time, an employer can file a cap-exempt H1B petition on the individual’s behalf. Additionally, time in H4 will not be counted against time in H1B status. If you have additional questions it is advisable to speak directly to a qualified U.S. immigration attorney.

[mvangala29@gmail.com]

Thanks appreciate your response.

will i be able to work with employer B with a COS?