Immigration Issues/H1 to H4 to H1

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Question
Hello.
Thanks in advance for your help and time.

My H1-b kicked in Oct 2007. I was on bench for 3 months and the employer paid me only for a month. With those 2 pay stubs I filed COS to H4. Now I am on H4 visa. But I have a job offer now which I would like to take up. My questions are:
1.This H1 application will be a fresh petition but would not be subject to cap. Is this correct?
2. what documents do I have to submit for this new petition
Do I have to provide previous H1 documents along with H4 docs? I do not have pay stubs for first 2 months on H1 would that be a problem?
3. Is it better to get the new H1 stamped using consular processing instead of filing for COS from H4 to H1?

Thanks a lot for your advice.  

Answer
My H1-b kicked in Oct 2007. I was on bench for 3 months and the employer paid me only for a month. With those 2 pay stubs I filed COS to H4. Now I am on H4 visa. But I have a job offer now which I would like to take up. My questions are:
1.This H1 application will be a fresh petition but would not be subject to cap. Is this correct?

Yes, if you have been counted against the cap you will not be    counted against the cap again.

2. what documents do I have to submit for this new petition
Do I have to provide previous H1 documents along with H4 docs? I do not have pay stubs for first 2 months on H1 would that be a problem?

You have to submit all documents to show that you have maintained status and that would include your H1 documents.  If you do not have pay stubs, that is probably ok.

3. Is it better to get the new H1 stamped using consular processing instead of filing for COS from H4 to H1?

No.  I recommend that you file for your Change of Status in the US and not through consular processing.

Good Luck
Mark Ashley
ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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