H4 to H1

[Swpannala]

I did my masters and was on my OPT from June 2008 to May 2009.

I did apply for H1B in April 2008 and the start date for it was Oct'2008 but before that I went to India and returned on H4 in March 2009.

I got a job offer now. My question is:

Can the employer apply for h1 with COS. In that case, can I start working immediately or do I have to wait until oct 1st.

One of the attorney was saying that since my h1 expired three years before I would be considered as new h1b and cannot start working until oct. Is that true or is there any possible way?

I really got a good opportunity and the position will not be on hold until oct. please reply with options.

Thanks in advance

[kabkaba]

I did my masters and was on my OPT from June 2008 to May 2009.

I did apply for H1B in April 2008 and the start date for it was Oct'2008 but before that I went to India and returned on H4 in March 2009.

I got a job offer now. My question is:

Can the employer apply for h1 with COS. In that case, can I start working immediately or do I have to wait until oct 1st.

Your employer can file a cap-exempt petition requesting immediate start date, but you cannot begin working before receiving approval with change of status. After change of status approval, you must begin working.

One of the attorney was saying that since my h1 expired three years before I would be considered as new h1b and cannot start working until oct. Is that true or is there any possible way?

That is not true. USCIS considers H1 petitions filed in the last 6 years for cap-exemption.

I really got a good opportunity and the position will not be on hold until oct. please reply with options.

Thanks in advance

See above.