H4 to H1

[User96321]

Hi All,

I came to US on H4 visa in the month of October 2011. I had been in India from October 2010 to September 2011. I already have a approved H1B petition from 2010 and will expire in October 2012. I went for stamping on my H1 visa but was issued the yellow slip and after a while I requested the embassy to cancel my H1 visa application so that I could come on H4 visa. In my situatation

(1.) Can I apply for H1 now under 2011 quota (Cap exempt) ?

(2.) If so what would my employer need to file a fresh petition or request for extension on the existing petition.

(3.) Since my petition expires in October what would be the validity of the new petition ?

Thanks a lot for your time and help.

Thanks and Regards
Ravi

[shervin143]

(1.) Can I apply for H1 now under 2011 quota (Cap exempt) ?
>>> Yes.

(2.) If so what would my employer need to file a fresh petition or request for extension on the existing petition.
>>> Change of status from H4 to H1B using the CAP from the previous petition. The approved petition will come with an extension as requested by the employer (upto a max of 3 years).

(3.) Since my petition expires in October what would be the validity of the new petition ?
>>> It will be as per the project itinerary shown by the employer. If the employer can show that they can provide you a job for the next 3 years, then you can get 3 years. If they can show only 1 year, then you will get only 1 year. The employer can request a max of 3 years while filing the petition.