H4 to H1 questions

[Leks]

Hello,

I worked in US for 4.5 years on H1 B for company A. My H1 visa expired May 2009 as company A refused to file the extension. I applied for COS to H4 and before it got approved I traveled to my home country and got the h4 visa stamped. I noticed that during H4 stamping they have marked 'canceled' on the H1 visa page though it already expired. I am planning to travel back to US in 2 months and here are few questions I have.
1) While I am on H4 if a company agrees to apply for my H1, will it be dependent on H1 Cap.
2) How many years can I work on H1( 1.5 years or 6 years?)
3) When is the latest I can start working in 2010 given ?

Thanks in advance for all the help.
Leks

[shervin143]

1) While I am on H4 if a company agrees to apply for my H1, will it be dependent on H1 Cap.

>>>>> You can do a COS from H4 to H1B if you have a copy of your I-797 approval notice (Or at least the receipt number). Transfer is not subjected to new CAP.

2) How many years can I work on H1( 1.5 years or 6 years?)

>>>>> 1.5 years. You need to stay out of U.S for 1 year to get a fresh 6 year period in H1B.

3) When is the latest I can start working in 2010 given ?

>>>>> The date on which your status changes from H4 to H1B.

[Leks]

Thank You!