H1b-h4-h1b

[ABC_XYZ]

Hello,

My H1B got approved in 2008 (starting date: 1st Oct 2008). However, due to market situation, I went back to H4 (left US in March 2009, got H4 stamp in India in May and re-entered US in June). Now one company is offering me a job. Is there any condition that I have to be on H4 for few months before I swich back to H1B again?

Thanks,

[txh1b]

No such condition. The company has to file for a H1b that is not subject to cap as a COS and you can begin work once the COS is approved. You cannot work unless the approval comes through.