H4 to H1B transfer (Held H1B in earlier years)

[Niths6484]

Please advice!

I worked in USA with my H1B from 2007 to 2008 and cancelled my H1B, went back to my home country.

Now I have traveled with my husband holding H4 visa. I just want to clarify the below things.

1. Will I be eligible to transfer my H4 to H1B if I get a sponsor?

2. As I have already worked here in H1B, do i still need to comes under CAP of this year or can i initiate immediately?

3. Is there any period that I need to wait to initiate my H4 to H1B transfer(if i get employer to sponsor)?

Could you please advice with your inputs.

[shandan]

1. H1B transfer can only happen if there is an existing valid H1B, but as you mentioned your prior H1B is cancelled then it will have to be a fresh H1B application.

2. You may be, but please consult a qualified attorney for details.

3. If you are able to file a cap exempt H1B then not wait period, otherwise will have to wait for next years qouta which opens April 1st 2014.

[Niths6484]

Thanks for the information!

 

Please clarify me .

 

I have came to USA under CAP2008, so CAP2013 is the 6th year got closed.

I have heard that I may not need to apply under new CAP2014 and can be apply without CAP. Is it true?

[pontevecchio]

You are eligible for a total of 5 more years in H1 status with no period exceeding 3 years. Any employer needs to file and get a H1 petition non cap approved for you either with COS or for CP and on approval you can start.