Change of status from H1B to H4 and back to H1B

Question

I was on H-1B till July 2011 and changed my status to H-4 since Aug 2011.  I am currently looking for jobs and would like to know if I have to wait till 2013 as the current H-1 quota is over?

Answer 1

How long have you been in H1B status? If it has reached the maximum allowed period of 6 years, you will have to stay outside US for 1 year and reapply for H1B.

Otherwise, you can find an employer and they could file a cap-exempt petition since you were on H1B status which was aprroved in last 6 years.

Comments

I was on H-1B from Oct 2009 till July 2011. One of the employers I tried to contact have claimed that
a. Since I was on H-4 for more than a year they cannot file for transfer.
b. and since the current year quota for H-1 is filled they cannot file for new H-1

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a. I am not so sure on that part - you may contact a good immigration attorney to confirm this.
b. That is true. However, if you could find an employer who is eligible to file cap-exempt petitions, they can file H1B petition on your behalf anytime.

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What do you mean by "eligible to file cap-exempt petitions"? Are you talking about non-profit organisations?

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Yes, NFP organizations, Governmental research organizations, etc..