Applying for H1 Out of Cap while on H4

[PriyaMadan]

Hi all,

I am currently on H4 with my husband , I had my H1 from previous employer in which I had exhausedted only 2.5 yrs so my questions is
1) Am I eligible for H1 cap exemption ?
2) Can I apply for H1 cap exemption with any sponsors while i'm on H4? When can this applied ?
3) what is the approximate cost for filing H1 cap exemption?

Thanks

[raghvi]

Hi all,

I am currently on H4 with my husband , I had my H1 from previous employer in which I had exhausedted only 2.5 yrs so my questions is
1) Am I eligible for H1 cap exemption ?
2) Can I apply for H1 cap exemption with any sponsors while i'm on H4? When can this applied ?
3) what is the approximate cost for filing H1 cap exemption?

Thanks

1. When were you on H1 last? if within last 6 Years yes any employer can file a cap exempt petition and request an immediate start date.
2. Yes, anytime.
3. I would say between 500 to 1500 depending upon premium non premium etc, this doesn't include the attorney cost, if any. But its the employer who should pay for this.

Also do remember, if you apply H4 to H1 as COS and it gets approved, you must work and get paid by the H1 employer from COS start date.

This is my opinion not legal advice.