H4 to H1 to H4 to H1

[sireesha815]

Hi Attorney,

I had heard this from some of my friends, can you please confirm if this is true?

came to US on H4 Visa, and later applied for H1 and worked for a year so have all the paystubs and W2 forms for that year.

due to personal reason changed the status back to H4, and now if I had to apply for H1 again,

I heard that since I already previously worked on H1 and have W2's, heard that I dont need to go through H1 Quota and can request for change in status from H4 to H1. Please let me know if this is true.

Thanks in advance

[jairichi]

Yes, you can. You have to find an employer who has a job for you and willing to file a H1B visa application for you. This application is not subjected to cap as you have already been counted against the cap with your first H1B application.

[omshiv]

that is true.

[Muhilan]

100% True.