About H1-H4-H1 CAP Issue

[kriday]

I got my H1B in 2008 oct. Then I tried for a job for 2 months as I did not get a job I changed my status to H4. from then onwards till date i.e till nov 2013 Iam on my h4 . Now I want to try for a job. so my question is

 

1.  If I want to change to H1 From H4 do I need to go for COS

                                  or

2.  Do I need to apply for new h1b?

 

3.  If I go for new H1 do I come under CAP?

 

4.  If I don't come under CAP Till what time limit I don't come under CAP(because 6 years of my h1 be will be over by oct 2014) ?

 

Any help is a great help for me in this situation. Thanks in advance

 

Thanks

[pontevecchio]

1. 2. A so called COS is always a new H1 petition filing but non cap in your case.

3. See 1.

 

4. No time limit.

[jairichi]

I got my H1B in 2008 oct. Then I tried for a job for 2 months as I did not get a job I changed my status to H4. from then onwards till date i.e till nov 2013 Iam on my h4 . Now I want to try for a job. so my question is

 

1.  If I want to change to H1 From H4 do I need to go for COS

                                  or

2.  Do I need to apply for new h1b?

 

3.  If I go for new H1 do I come under CAP?

 

4.  If I don't come under CAP Till what time limit I don't come under CAP(because 6 years of my h1 be will be over by oct 2014) ?

 

Any help is a great help for me in this situation. Thanks in advance

 

Thanks

1. Yes, your employer has to file a COS

2. Your employer files a cap exempt H1B petition.

3. No cap.

4. Currently you have used only 2 months of your 6 years.