Hi,

Following are the details of my case

- 6 years on H1B expired in Oct 2011
- Worked for Company A which filed for I140 petition
- I140 approved in Nov 2011
- Currently in US on H4 (my wife is a H1B visa holder)

Questions

1. Company A I used to work for wants to get me back to work and filing for a COS from H4 to H1B based on approved I140. Would I still need to be counted against the H1B cap?

2. Can I start working immediately with the USCIS COS receipt number or do I need to wait for the H4 to H1B COS approval to come through?

Thanks,
MN