Changing from H4 to H1 with previous H1 - do I come under cap?


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I am currently on H4 and looking for a new employer. I had a previous H1 filed in 2006 of which I used up only 5 months. I also had an F1 visa in 2009 and then changed to H4 visa in 2011 for personal reasons.

1. If I find a new employer now, will my H1 be filed under cap and I will need to wait till Oct to begin employment?

2. Can I currently work unpaid for an employer in India remotely while on H4?

Appreciate your help!

Thank You!

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