H4 to H1 for valid petition and expired visa

[H1Ques]

I am quite confused about my situation so asking out here. I had been working in US for 2 years with Employer X on H1B and recently moved out due to my health issues. My spouse is still in US, so I want to travel back to US as dependent i.e. H4, since I am still not in condition to join my job. Also, my current H1B stamping would expire next month.

I want to know, when I am in US on H4 and my health gets better, is it possible to get my H1B reactivated (my petition still has 4 years left) at a later point (approx. 4 months from now) though the current H1B is expiring next month.

[raghvi]

I am quite confused about my situation so asking out here. I had been working in US for 2 years with Employer X on H1B and recently moved out due to my health issues. My spouse is still in US, so I want to travel back to US as dependent i.e. H4, since I am still not in condition to join my job. Also, my current H1B stamping would expire next month.

I want to know, when I am in US on H4 and my health gets better, is it possible to get my H1B reactivated (my petition still has 4 years left) at a later point (approx. 4 months from now) though the current H1B is expiring next month.

Yes it should be possible for another employer to file their own cap exempt H1 petition , as you are already cap counted.

This is my opinion not legal advice.