is H4 to H1B change of status possible after last H1B extension was denied?


I have got my H1B extension denied with i94 expired. I know that i need to go back urgently to my home country.

I am planning to come back after 2 months on an H4 visa as my wife is employed in US.

I have used only 2.5 years of my period in US. Is it possible that any other employer can file a cap exempt petition for me, considering 3.5 years of tenure is remaining.



I am in exactly same situation and need answer for the above question. My H1B extension was denied in September and went back to India got H4 Visa and came back to US in November.

If I get an offer from another employer is it possible for the employer to file H1 Transfer or a cap exempt petition for me ?

I have utilized only 2 years of my H1B period in US.