Approved H1 in 2008 Now in Visitor's Visa in US; Can I Work on H1

[sachin5578]

Hello Sir,

I had an approved H1 in 2008 through a US based small consulting company, but was unable to travel to US. Now I am in US on Visitors visa. Can I renew my H1-B. What I mean is Can I apply for new H1 with the same or different consulting firm without going for the CAP. Please suggest.

Thank You

Swapna

[kabkaba]

Yes, the same or a different employer can file a cap-exempt petition for you. But change of status from Visitor status is not recommended. It is better if the petition is filed without change of status and after approval you can return to US to work in H1B status.