Does H4 to H1 Change of Status (COS) fall under normal H1 Cap?

[findingsolace]

Hi,

I have below two queries:
1. I wanted to know whether H4 to H1 Change of Status (COS) falls under the normal H1B Cap of 65000?
2. How soon can one apply for COS from H4 to H1?

Thanks in advance

[raghvi]

Hi,

I have below two queries:
1. I wanted to know whether H4 to H1 Change of Status (COS) falls under the normal H1B Cap of 65000?
2. How soon can one apply for COS from H4 to H1?

Thanks in advance

1. Yes , if H1 is for a profit organization.
2. If you never had an H1 then your employer will have to wait till April 2014 to apply, and the earliest you can work, if approved, is Oct 2014. If you had an H1 status in the past 6 Years then they can apply immediately.

This is my opinion not legal advice.