Very urgent! please help.. h4 -->h1

[gsk23]

I am hearing very conflicting advices about this.

I presently am on H4 from the past 2 years.

The last time I had H1 is till 2003 may.

I got a job and need to get an H1.

Do I fall under the cap? I am concerned because I have not had an H1 for the last 2 years.

I would really appreciate some advice about this as soon as someone can.

[asterix_thegaul]

Hello

Hi,

my understanding is Yes! ur going to have pblms as you have either expired ur H1 or you have finished your term from the prev company. moreover you have changed your status to H4, i think a record is made at the INS regarding your status.
Now this is a new ball game, the new company has to file your H1 afresh and i think you will fall under the cap.

this is what I understand but I think you ask a professional regarding the matter to find out more.

Take care

[gsk23]

I think I worded it wrong. I meant, I started working on H1 from may 2001 and have my h1 till 6 years from that right?which is 2007 ?

so do i still fall under the cap.. i was reading the AC 21 guide and they say that if i held an h1 in the last 6 years , i dont fall under the cap..

can you please re-confirm .. as i have been hearing conflicting answers.. thanks a lot for your help..

[asterix_thegaul]

Hello

HI
This is what I understand but please make sure before you make any decisions.
I understand from your post that you are currently on "H4" i,e you have requested INS to change you from H1 to H4, so a record is made at INS for H4. hope I am right?? i think that as a request is made you have lost your H1 status
1. you cant do a H1 Transfer as you must have recent pay checks and your post says that you have been on H4 last 2 years.
2. you can go for a "New" H1, from a new company that can sponsor you. (I may be wrong please verify whether they can make an adjustment to your previous H1), if no, then you will fall under the cap

Please do verify again, I cannot stress on the fact

Take care and I wish "all the very best"