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H1 to H4 to H1

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  • H1 to H4 to H1

    Hi,

    I worked on H1 from Mar 2007 thru Mar 2009, and went back to India. I got back to US on H4 visa in Dec 2011. My question is when i apply for H1 again, will it be Cap exempt( i heard that if you have held H1 in prior 6 years you are exempt from the cap)

    Also how early can i file? Do i still have to wait till 01-APR-2013?
    And when can i start working? Do i have to wait till 01-OCT-2013 or since its continuation of the old H1, i can start as soon as i get H1 approval?

    Thanks a lot for your time.

  • #2
    An employer can file a cap-exempt petition for you at any time and you can (must) begin working for them after approval.
    This is my opinion and not legal advice.

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