H1b renewal

[sharatbalaji]

I was working in USA on my h1b visa from 2010 to 2018. I have my i140 approved in 2016. In 2018 I had to take a break from work due to personal reasons and I moved to h4 as my husband's dependent and have been on h4 till now. I received a job offer now and have few questions

1. My employer is willing to do h1. So can I ask my employer to renew my old h1? Or should I undergo lottery process?
2. Can I apply for premium processing or am I not allowed as it change from h4 to h1?
3. Do I need to go out of USA and come back with stamped h1 for me to start working or can I simply start working after my h1 is renewed with out leaving the ou try?

[flyingron]

I believe you are exempt from the cap You should have the employers attorneys verify this. You probably don't need premium processing provided your status is stable (i.e., you're going to remain married and he has time left on his H-1B).