H Visa H1 to H4 to H1 Visa portability

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pretha411

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Hi,

I got my H1 Visa under quota for FY 2006. I entered USA on oct 2007 and working for an year till end of 2008. After my contract was over, my employer didnt asked me to change the status to H4 based on my husband which i requested them. They promised to find a job. At-last when my visa was about to expire on Sept 2009 they asked to join their company in India. SO I went back to India on Aug 2009, worked for their company in India for 5 months. My husband is H1 visa holder and working here in USA. He asked me to come back to join my family along with my son. So I re-entered USA on H4 visa.

Now I am willing to work here. My question is..
1. Very first question, Am I legal eligible to change my status from H4 to H1?
2. How can I re-instate my H1B work permit and start working here if I find an employer? I would like to know the steps involved.
2. Do I have to apply for new H1B petition? If so whether it CAP exempt or NOT?
3.What will be the cost involved in change of status from H4 to H1?
4.What is the time duration required for this change of status?
 
In this economic climate, you'll most likely not be allowed to legally work in our country.

But, you should be asking Homeland Security.

They'll be the ones to make the decision.

Unless you possess a very unique skill (physician, dentist, physicist, etc...) you probably won't be allowed to work.

You should speak to an immigration attorney.
 
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