H1 B to H4 to H 1 B- status issue-need advise immidiately

Question

Hi.

I had approved H 1 B for three years. I got married and moved with my husband on H 4 visa. Now I have offered job. I want to convert my H 4 to H1 B. I have my previous H 1 B valid till september 2012.

-What will be the document requirements to file H 1 B again ( H 4 to H1B)?

-How immidiately I can start working?

-How to file cap exempt application?

I need advise as soon as possible. I really appreciate for your help in this issue.

 

Sincerely,

Answer 1

I don't think you can validate H1 once you have changed your status (you will need a new H1 and the cap for 2013 closed already)

What was valid till september 2012 might have been revoked when you filed for H4 and got it approved.

Though there is a clause where you can withdraw your petition, but I don't really know what happens once you have it approved from USCIS. Sorry to say but you will have to wait till Oct 2013 to start working in 2014 quota.