H4 to H1 COS

[chinnuv]

Hi

I came to US on H4 and in 2008 i got H1 but i never worked on it and i changed my status back to H4 in april 2009 i got (ssn in december 2008).

I would like to file for a new H1 this year my question is:
1. can i apply for a new H1 now?what should i do with my previous ssn i havent represented it anywhere.
2.will there be any problems as i didnt worked for my past H1.
3.Im hearing a lot that USCIS is not allowing H4 to H1 cos is this true?


Thank you very much for your time

[shervin143]

1. can i apply for a new H1 now?
>>> Yes. Yo can also use the CAP from the previous H1B and request an immediate start date.

what should i do with my previous ssn i havent represented it anywhere.
>>> SSN has nothing to do with H1B. A person can have only 1 SSN irrespective of the immigration status he/she holds.

2.will there be any problems as i didnt worked for my past H1.
>>> No issues. However, if you were out of statu on H1B from 2008 Oct to April 2009, then USCIS or Visa officer (@ U.S Consulate when you go for visa stamping in the future) may question you.

3.Im hearing a lot that USCIS is not allowing H4 to H1 cos is this true?
>>> No.