H1B cap Exemption- Validity(Urgent)

[Ray_kh]

I entered US in April,2006 on H4 Visa. I applied for H1 B visa in April 2007 and got an approval valid from Oct, 2007 to 2010. Due to some personal reasons, I had to change my status to H4 four months later. But during this period I never worked nor got any pay stubs from my employer.I had been on H4 visa since Feb,2008. My spouse's Green card is in processing and he has an approved I 140. I am considering working again, Can I use my previous H1B approval to transfer it with another employer.  Or Do I have to file a new H1 visa again in cap exemption. Or should I apply it in the cap.What is the procedure to start H1B visa in this scenario. 

[jairichi]

I entered US in April,2006 on H4 Visa. I applied for H1 B visa in April 2007 and got an approval valid from Oct, 2007 to 2010. Due to some personal reasons, I had to change my status to H4 four months later. But during this period I never worked nor got any pay stubs from my employer.I had been on H4 visa since Feb,2008. My spouse's Green card is in processing and he has an approved I 140. I am considering working again, Can I use my previous H1B approval to transfer it with another employer.  Or Do I have to file a new H1 visa again in cap exemption. Or should I apply it in the cap.What is the procedure to start H1B visa in this scenario. 

You are cap exempt. An employer can file a cap exempt H1B petition anytime and on approval you can start working.

[pontevecchio]

It is possible for you to reclaim the remainder of your 6 years minus 4 months. It involves a new non cap H1 petition with COS filed by the employer.

[Ray_kh]

Thank you for the quick response.