H1B expired but used only 3 years

[San11]

H4 to h1

My h1 was approved in 2008 and I used it for 3 months later I changed my status to h4, now can I use my previous h1 and what would be the process.
Can anyone please share details on this.

[raghvi]

I wouldnt be sure if you could use the 2008 petition. Safest is if you had H1 in last 6 Years and time is still remaining, OR you were cap counted in last 6 Years and time is still remaining. You were cap counted in 2008 that is over 6 Years. Talk to the immigration attorney of your employer.

This is my opinion not legala dvice.