H1 to H4 to H1

[vidya001]

Hi,

I got my H1 in Oct 2007 and was valid upto Oct 2010(first 3 years of H1), but worked from oct 2007 to oct 2009 and moved to H4 later due to pregnancy.

Now planning to work further, so wanted to know if I can move back to my previous H1 as I have H1 unused years from oct 2009 to oct 2010 + other 3 years of H1 or will I come under new H1 quota as my previous H1 is expired?

Thank you in advance.

[shervin143]

Since you haven't used all 6 years in the previous CAP, you can use that to file a new petition. You cannot work until your status change from H4 to H1B. Only the time spend in U.S in H1B (+L1) status counts towards the 6 year CAP period.

[vidya001]

Thank you Sir, Which means I can transfer my status from h4 to H1 and need not wait until April 2012 for new Quota.

[shervin143]

Yes. Your H1B approval should be a COS (should come with a new I-94) for you to start working.

Thank you Sir, Which means I can transfer my status from h4 to H1 and need not wait until April 2012 for new Quota.