Changing to H1 after 6 years in H4

[kesho]

Hi, I am currently on H4 and have been in US for 7 yrs (except for 4 months I was in India on vacation), my husband's I- 140 approved and priority dates May14, 2010 and I-485 is not applied.

Below is my background details:
1. Entered US on L1-B in Feb 2006, got EAD/SSN in August 2006 but did not work.
2. Got H4 in Oct 2006 .
3. Got H1 approved in 2007, but did not work on H1, later left to India in feb 2009 and came back on H4 in June 2009 and on H4 till now .


Now I am planning to go to school and change status to F1 after some time so I can get OPT and work and then get H1.

And I have these following questions..

1. Will I able to use the H1 that I had already received in 2007.. that means is it possible to transfer H1 to new employer without any previous paystubs.

2. If not, If I change status to F1 next year and get OPT to work, will I able to get H1 later i.e is from H4 to F1 and then F1 to H1 possible?

3. Will my more than 6 yrs stay be considered while granting H1 ?.

Thank you for your time and consideration,
Shoba.

[shah]

Unless you have stayed outside for more than 1 year, you will not get an H1B because you exhausted the six years. In such cases, I will recommend you call us at 510 742 5887 and let us access your other options.

http://peerallylaw.com

[kesho]

Thank you answering me.Is that mean to apply for new H1 under the cap in future years I shall have to be stayed out of US for at least 1 year.

[shah]

Yes unless you had an I-140 approved prior to the 6th year or 365 pending perm.