H4 to H1B transfer on a previous I-797

[chinnudivs]

I used to work for a Mechanical Engineering firm on a H1B till 2009 and quit my job to get married. I came to US again on a H-4 and found a job in the IT industry. Am I eligible to use my old I-797 to file for the H1B, as I am changing from a Non-IT to a IT job. Any help would be appreciated

Thanks

[pontevecchio]

Specific facts would be appreciated. How many years were you in H1 status?

[chinnudivs]

I was on H1B for about 5 months

[pontevecchio]

You are entitled to a total of 5 years and seven months in H1 status with no period more than 3 years . You have been capped. You are not subject to the quota. You can be patient and wait for a good employer to file a H1 petition with COS from H4 and start work after approval.