Could you please guide me on the below situation? Your help is greately appreciated.
I was in US in F1 visa and applied H1B. H1B approved without change of status, so had to go to home country for visa stamping. While h1b stamping decision is pending for more than a month at US consulate, my wife got sick in US as she is pregnant and had to withdraw H1b application from US consulate and applied H4 on wife’s H1b and came to US. As my H1b was approved already and I am on cap exempt, if any other employer is ready to file H1b now, then can I file my change of status from H4 to H1b within 30 days of entering to US? Or I have to wait till 60 days as it is going to be visa fraud 30/60/90-day Rule?
And also, is it ok to file the H1b again from the same employer who had filed H1b earlier? If it is ok then, What are the chances of H1B approval without I-94 again?