H4 to H1B after 6 years based on I-140

[mickstricks]

I am in my 7th year of H1 with an approved H1B till October 2015
I have approved I-140 from my employer as well

Due to personal circumstances I am switching to an H4 visa under my husbands H1.
In 6 months I would want to start working again. When my future employer file for an H1 for me:

1) Would I be subject to visa cap
2) Would I be able to start working as soon as I get the approval?

I would really appreciate anyone's help and advice in this matter.

[raghvi]

I am in my 7th year of H1 with an approved H1B till October 2015
I have approved I-140 from my employer as well

Due to personal circumstances I am switching to an H4 visa under my husbands H1.
In 6 months I would want to start working again. When my future employer file for an H1 for me:

1) Would I be subject to visa cap
2) Would I be able to start working as soon as I get the approval?

I would really appreciate anyone's help and advice in this matter.

1. I believe yes , you would be subjected to new cap.
2. If you are subjected to new cap then you can start only from 01-Oct of that year.

A similar thread:

http://www.immihelp.com/forum/showthread.php/90021-Urgent-please!-H1-to-H4-to-H1-transfer-in-7th-year

This is my opinion not legal advice.