Non Cap subject H4 to H1B Petiton..please help

[silver2010]

I had a H1B approved in 2008. I later shifted to F2 and then to an H4 in 2010. I now applied for a H1B and am awaiting a decision. I know I am cap exempt but can I start working before October once the Visa is approved?

[shervin143]

It depends on whether the H1B is filed on a new CAP or the old CAP from your previous approval notice. If it is a new CAP, then you cannot work until Oct 1st (the H1B effective date will be in your approval notice).