COS H4to H1 with expired H1

[padma2012]

Hi,
I am currently on H4 visa and I have an expired H1 visa (Aug 2011).
If any employer wants to file H4 to H1 COS, will they be able to do that with the cap of my expired H1 visa? And if yes, do I need to wait till Oct 1st to start working or can I start as soon as I get the approval.

Thanks,
Padma

[akhil_agarwal1]

In which year was you H1B approved ? If you H1B was approved in the last 6 years (and you didnt consume the full 6 years tenure) then you can ask your new employer for H4 to H1 COS and request a immidiate start date (you dont have to wait for Oct). Once you have the approval you can start working.

[padma2012]

Thanks Akhil. My H1B was filed in 2008 and got expired in 2011 and I only worked for 6 months. So, my new employer can file COS and I can start working immediately? correct?

Thanks,
Padma

[kabkaba]

Yes, any employer can file a cap-exempt petition requesting immediate start date for you.

[shervin143]

You can start working only when your H1B petition becomes effective. The effective date of the petition will be mentioned in the approval notice. Assuming that you are currently in U.S and planning to file the H1B as a COS from H4, the H1B approval should come with a new I-94 in order to start working.

Thanks Akhil. My H1B was filed in 2008 and got expired in 2011 and I only worked for 6 months. So, my new employer can file COS and I can start working immediately? correct?

Thanks,
Padma