Query Regarding H1B Out of Cap and eligibility to Work

[paddu1485]

Hi,

My H1B Visa expired in Dec'2011 and I returned back to India before the I-94 expiry. I have used only 1year of the 6yr Quota for the H1B cap. I am planning to go back on H4 Visa and I have the following queries

1. While on H4 in US can an employer apply for H1 for me since I am out of Cap do I still need to wait till Oct 1 to work?

2. Will I be able to work with the H1 Receipt or should I wait for the approval to begin work?

Any inputs would be of great help. Thanks in Advance

[shervin143]

1. While on H4 in US can an employer apply for H1 for me since I am out of Cap
>>> Yes. A COS from H4 to H1B can be filed using the CAP from your previous H1B approval notice. Give the new employer a copy of your previous H1B approval notice.

do I still need to wait till Oct 1 to work?
>>> Not required.

2. Will I be able to work with the H1 Receipt or should I wait for the approval to begin work?
>>> You cannot work until you get the H1B approval.