H1 to H4 to H1

[221ghelp]

Hi,
I was working on h1b from Oct 07 to October09.I had to convert to h4 as my project ended.Now I got an offer from another company.Please let me know whether my h1 would be counted against the new cap or not ?

Thanks in advance

[sk4ih]

No.

[221ghelp]

Hi sk4ih,
Does it mean that I am not counted against the cap?

[shervin143]

You don't have to wait for a new CAP. H1B is for 6 years. If you haven't used all 6 years in your H1B, then you can use the same CAP.

[221ghelp]

Hi,
Thanks alot for the reply.When I said I got converted to H4 ,I travelled out of the country and got it stamped to H4 and my H1b stamping says 'cancelled without prejudice'?Would I be still be eligible against the old cap?

[shervin143]

What got cancelled is your H1B visa (So, you need to get a new H1B visa to re-enter in H1B status whenever you travel out of the country) and not the petition. The CAP is based on the petition. So you won't be subjected to CAP if you use a copy of the previous H1B approval notice while filing a COS to H1B or if you transfer your existing H1B.

[221ghelp]

Hi,
I have an other question regarding H4 to H1 .The previous company which had sponsered my H1b had sent my h1b application for revocation In October.Please let me know can I still apply for change of status to H1b with a different employer ?
If change of status is possible,is htere any premium processing required?

Thanks for all the help.Answers posted to my previous questions were really useful

Thanks again

[shervin143]

I have an other question regarding H4 to H1 .The previous company which had sponsered my H1b had sent my h1b application for revocation In October.Please let me know can I still apply for change of status to H1b with a different employer ?
If change of status is possible,

>>> Yes. Give your new employer a copy of your previous H1B approval notice (To prove that you are already CAP counted)

is there any premium processing required?

>>> There is a premium processing available in case you want to go for it. (Costs another $1000)

[221ghelp]

Hi ,
Your earlier replies to my queries really helped me.

One of the companies has filed for my H1b transfer as well as COS in premium processing.My questions are

How long does it take in pp for the H1b petition to get approved?

Can I start working before I get the receipt number?

Please let me know on the same.

Thanks in advance

[shervin143]

One of the companies has filed for my H1b transfer as well as COS in premium processing.My questions are

How long does it take in pp for the H1b petition to get approved?
>>> You will get a decision in 15 days (Approval or Denial)

Can I start working before I get the receipt number?
>>> No. You cannot start even after getting the receipt number, since it is a COS from H4 to H1B. You need to wait for the approval.

[221ghelp]

As I am cap counted before,do I still need to wait for the approval notice ?

[shervin143]

CAP has nothing to do with it. What is your current immigration status? If it is H1B with Company A and you are transferring it to Company B (where your status remains the same - H1B), then you can start working immediately upon getting the receipt. If your current status is dependent (H4/L2), then you need to wait until you get the status changed to H1B/L1 (meaning: you need to wait until the approval).

As I am cap counted before,do I still need to wait for the approval notice ?