COS H1B to H4 and again H4 to H1B Visa

[visa_help_2011]

Hello All,

I had an approved H1B petition with expiry date 30Sep2010.I was on L2 from Jun2010.Applied L2 EAD Visa and stared working from Dec2010 to Aug2011.Applied H1B visa in
month of Jul2011 based on H1B approved petition with expiry date 30Sep2010 and got approval from 01Oct2011 onwards for an year till 30Sep2012.In Aug2011,again applied H4 Visa. From 01Oct2011,I started working on H1B.I applied H1B extension in Aug 2012 n got approval till 30Sep2015.

Can anyone please answer below my queries

Q1)Can apply H4 visa now and later can I apply COS H4 to H1B on approved H1B 30Sep2015.Q2)If applied COS H4 to H1B,should be applied before 30Sep2015,if so in which
month to be applied.Q3)Will I be counted for CAP 2015 or not.

Thanks in advance!!

[raghvi]

Hello All,

I had an approved H1B petition with expiry date 30Sep2010.I was on L2 from Jun2010.Applied L2 EAD Visa and stared working from Dec2010 to Aug2011.Applied H1B visa in
month of Jul2011 based on H1B approved petition with expiry date 30Sep2010 and got approval from 01Oct2011 onwards for an year till 30Sep2012.In Aug2011,again applied H4 Visa. From 01Oct2011,I started working on H1B.I applied H1B extension in Aug 2012 n got approval till 30Sep2015.

Can anyone please answer below my queries

Q1)Can apply H4 visa now and later can I apply COS H4 to H1B on approved H1B 30Sep2015.Q2)If applied COS H4 to H1B,should be applied before 30Sep2015,if so in which
month to be applied.Q3)Will I be counted for CAP 2015 or not.

Thanks in advance!!

I dont know the reason behind this back and forth but
1. Yes you can apply.
2&3. I dont see a significance of 30-Sep-2015 and 2015 cap for you as you are basically recycling the 2010 petition. You can re use the petition as long as you have not exhausted 6 years of H1 status.

This is my opinion not legal advice.