H1-H4-H1 change question

[sanudeep]

Hi

I got H1 in 2008 Oct. But as I did not get a job I changed my status to H4. Till now I have not changed it to H1. Now I want to change my status from H4 to H1. So my question is
1. Is it possible now to transfer my status from H4 To H1(Because 4 years gap is there)
2. Do I need to Apply for the H1 again freshly?


Thanks in advance
Anu

[shervin143]

I got H1 in 2008 Oct. But as I did not get a job I changed my status to H4. Till now I have not changed it to H1. Now I want to change my status from H4 to H1. So my question is
1. Is it possible now to transfer my status from H4 To H1(Because 4 years gap is there)
>>> Yes.

2. Do I need to Apply for the H1 again freshly?
>>> Any employer can file a new H1B for you using the CAP from the previous H1B approval notice and request an imediate start date. You can use the CAP from your previous H1B approval and get exempt from new CAP. You cannot work until your status changes from H4 to H1B.

[sanudeep]

Hi
Thanks for the reply. I need a little clarification in the following scenario

AS I did not work for more than 3 years (i.e from 2008 to 2012) (though I was on H4) does my H1B status expires ? If no Can I apply for COS from H4 TO H1B? and till when my H1 B status is valid?

Thanks in advance
Anu

[shervin143]

One H1B CAP is valid for 6 years from the date when it gets effective.

Hi
Thanks for the reply. I need a little clarification in the following scenario

AS I did not work for more than 3 years (i.e from 2008 to 2012) (though I was on H4) does my H1B status expires ? If no Can I apply for COS from H4 TO H1B? and till when my H1 B status is valid?

Thanks in advance
Anu