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

[Shalini123]

Hello,

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!

[pontevecchio]

1. It is usually not subject to cap under the circumstances you describe. 2. That is fine. Please do not short change yourself . Why do that?