H1 to H4 and back again on H1

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Hi,

My H1 is expiring on Sept 2012. I would like to go on H4 for six-nine months and then apply h1 again.

My question is :
1. will i come under cap for 2013 and have to start job from OCt 2013
2. I will not come under cap and can start any time when i have approved H1B.

[shervin143]

My H1 is expiring on Sept 2012. I would like to go on H4 for six-nine months and then apply h1 again.
>>> How many years have you used in your current H1B CAP. Have you maxed out the 6 year CAP limit?

1. will i come under cap for 2013 and have to start job from OCt 2013
>>> If you still have time left in your H1B 6 year period, then any employer can file a CAP exempt petition for you using the CAP from the previous H1B approval notice and request an immediate start date.

2. I will not come under cap and can start any time when i have approved H1B.
>>> Yes. You cannot work until the COS from H4 to H1B gets approved. Once approved, you should start working imediately as of the H1B effective date.