Planning to go onto H1 from H4, Am I cap expemt since I already worked for 3 yrs on H1 before

[Barbie16]

Hello honorable members

 

I worked on H1 for 3 years and because of health issues I stopped working and went on to H4. I had a baby, took care of him and now after 3 years of being on H4, I am planning to start working again and give a little bit of financial support to my family. My questions are:

 

1. Am I cap exempt since I already worked before?

2. If the answer to my first question is YES, Can I apply my new H1 with another employer and still be cap exempt (I am assuming cap exempt also means I can start working as soon as my H1 is approved and not wait till Oct)?

 

Knowledgeable members kindly respond so that I can take an appropriate decision 

 

Thanks in advance

[jairichi]

Hello honorable members

 

I worked on H1 for 3 years and because of health issues I stopped working and went on to H4. I had a baby, took care of him and now after 3 years of being on H4, I am planning to start working again and give a little bit of financial support to my family. My questions are:

 

1. Am I cap exempt since I already worked before?

2. If the answer to my first question is YES, Can I apply my new H1 with another employer and still be cap exempt (I am assuming cap exempt also means I can start working as soon as my H1 is approved and not wait till Oct)?

 

Knowledgeable members kindly respond so that I can take an appropriate decision 

 

Thanks in advance

1. You are cap exempt and you would get the remainder of 3 years on H1B.

2. Yes, a new employer has to file a cap exempt petition.

[Barbie16]

Thanka a ton jairichi for your valuable and prompt reply