H1b to H4 and then go back to h1b

[shaddu]

I am currently holding valid h1b status as well as h4 . I started working feb 2014 and then took a break from a job in June 2014. Since June , I have not got any pay stubs. I am planning to visit India in Dec and my employer suggested me to get back to US with h4 visa stamping. I have some questions on that

 

1. If I come back on h4 visa stamped then how could I back to h1b ? Do I need file a new h1b or just change of status ?

2.  Will the lottery system will be applied for change of status?

3. If I get visa stamped on h4 in india , will they cancel my current H1b?

4. What are the chances of getting approval in case of change of status?

 

Please let me know

[jairichi]

What do you mean by "took a break from a job in June 2014"? Do you mean to say that you moved to H4 status from June 2014?

1. Employer has to file COS and pay H1B fee. You can start to work only after approval.

2. If you have not reached your max allowed stay of 6 years on H1B status you are cap exempt and so no lottery.

3. Yes, possible.

4. Depends on documents submitted.