Authorization to work

[h1visaseeker2011]

Hi,

I had a H1 visa last year and was working until Sep 2011. I had been to India for stamping and got 221g green and waited for 3 months. As there was no progress on the case, i got my H4 visa and came back to the US in December. I am job hunting again now. As the H1 quota for 2012 has already been filled, can i have my new H1 filed using the CAP from my old petition and start working, as soon as i find a job. Please let me know if this is legal and acceptable

Thanks

[shervin143]

Yes. But you cannot start working until the H1B petition gets approved as a COS from H4 (with new I-94). The effective date of the H1B will be mentioned in the approval notice. You can work prior to that effective date.