Is my case cap exempt ? (Can I start working now : H4 -> H1)

[rpj123]

Hi:
I came to US in Jun 2002 on H1B. I worked till Oct 2003 on H1B.
After that I was on F2 visa for 5 months. Begining Mar 2004, I am on H4 visa.

I am thinking of getting back to work. My question is:
Can my employer apply for my visa right now? If approved, can I start working asap or do I have to wait till Oct 2005.

Thank you very much,

Regards,
RJain

 

[great guru]

Hi:
I came to US in Jun 2002 on H1B. I worked till Oct 2003 on H1B.
After that I was on F2 visa for 5 months. Begining Mar 2004, I am on H4 visa.

I am thinking of getting back to work. My question is:
Can my employer apply for my visa right now? If approved, can I start working asap or do I have to wait till Oct 2005.

Thank you very much,

Regards,
RJain

After your H4 to h1 transfer and approval you can start working. You will not come under quota, so from the approval date you can start working. (Not Oct 1)