h1->h4->h1 eligible to work immed ?

[stuck2002]

Hi,

I have been on H1 from 2001-2002 then transferred to H4. My prospective employer wants to file my H1. After browsing the H1-Cap FAQ it looks like I am not subject to the Cap since I have not left the US inbetween. Is that correct ? And if so, can I start work immediately ?

Thanks for taking the time.

 

[ginnu]

Hi,

I have been on H1 from 2001-2002 then transferred to H4. My prospective employer wants to file my H1. After browsing the H1-Cap FAQ it looks like I am not subject to the Cap since I have not left the US inbetween.

Is that correct ?
-- if you had H1 approved in last 6 years you are not under cap
And if so, can I start work immediately ?


--- It is going to be H4 to H1 Change of status, you can start working AFTER change of status is APPROVED to H1, if start working after filing that will be illegal work as you are on H4 status, till the date H4 to H1 is not approved and you get I-94 extended and attached with your H1 approval notice, you will be on H4 status just filing for H4 to H1 does not change your status to H1
Thanks for taking the time