H4 TO H1B

[Priyakuch]

Hi,

This about my H1b application. Currently I am on H4.

Also I applied for my H1 in 2008 and recieved my approval with I-797

Validity - 10/08-09/11 . However did not recieve my I-94.

Left for India in Dec-2008 and came back in 2010 on H4 status.

This peition was never used (was never on H1B)

Now my question is can I apply for my H1b right now with cap exemption

without waiting till April based on my previous H1B?

[t75]

YES, you may,