H4 to H1 - h1 expiring in 2012

[savi12345]

HI,

My H1 was approved on oct 2009 , i was expecting that time & we changed my status from h1 to H4. After that we went to india & came back in may 2012. since 2009 i have not used my H1 , now i am planning to work , my q's are

1.Can I change my status from H4 to H1 as my I-797 will expire in september 2012 (first 3 years)?

2.Only my petition holder can apply for my status change or any other co can do this ?

need your reply.

Thanks,

Savitha.

[pontevecchio]

1. You cannot. Only a H1 sponsor can.

2. Any qualified employer can filke your H1 petition with COS from H4. You have been capped.