Will I be subject to a 65k cap if I transfer my status from H4 to H1B?

Question

I hold a 3 years H1B on Oct 1, 2012. I want to take a break in 2014 for more than 3 months from work. I wil be on H4 for that period since my spouse haolds H1B status. After my break if I rejoin my office and resume work, will have to apply for H1B. Will I have to wait till the next slot or can my employer request for the transfer from H4 to H1B for the remaining unsued period of H4.? Please advise

Answer 1

No You wil not be subject to the cap as you have once been accounted for this before.