Is it possible to transfer from H4 to H1B after a break of more than 3 months?

Question

I have a 3 years H1B visa expiring in 2014. I am going on a long vacation for 3 months. By this time I would have consumed one year and 9 months of my H1B visa after quitting job. Since my spouse holds H1B I will have to go on H4. When after the break am ready to work, do I need to wait until the next slot to apply for H1B visa or my current employer can request to transfer H4 to H1B for the remaining period?

Answer 1

No You will not be counted against cap as once you have alredy been accounted for.