Legal Question in Immigration Law in Indiana

H1 - H4 -H1 within six years ...quota applicable??

I was on F1 visa, worked on OPT and got H1 petiton approved last year. I left that job , went to India for--name removed--month and returned on H4. Now I want to work , if any employer is willing to sponsor my H1B will the petition be subject to cap? How soon can I start working?

Thanks in advance.


Asked on 5/19/04, 2:47 pm

3 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: H1 - H4 -H1 within six years ...quota applicable??

A new H-1B is possible, but whether you are able to start working right away is questionable. Under the portability provisions, there may be a way for you to start working, but I would have to review your case before determining if this would work.

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Answered on 5/19/04, 5:32 pm
Antonio Maldonado Maldonado Myers LLP

Re: H1 - H4 -H1 within six years ...quota applicable??

You are subject to the cap. You will have to wait until October when the Fiscal Year 2005 begins.

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Answered on 5/19/04, 2:53 pm
Neena Bohra Law Offices of Neena Bohra

Re: H1 - H4 -H1 within six years ...quota applicable??

You are definitely subject to the cap as it is a new H-1B you will be filing and you are changing status from H-4 to H-1B.

You may file now and request an Oct 1 date for processing. You may contact me by email for a consultation and fees.

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Answered on 5/19/04, 4:11 pm


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