H4 to H1 Visa

[sdh1985]

Dear Sir,

I have H4 Visa and will be travelling to USA next month. I never held a H1 visa in the past but my previous employer had applied for H1B petition for me in 2010. As I quit the company, I did not collect my petition and I am not sure if it has been cancelled.

a) Assuming that the petition was approved, can I apply for H1 visa without waiting till April 2013?

b) And if it was approved and cancelled due to my resignation, can I apply for H1 visa before April 2013?

Thanks and Regards,

sdh1985

[pontevecchio]

Yes, as long as you have proof of being cap counted in the past.