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JJay Mehta

H4 to H1B status change

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My H1B petition was valid from 2015-2017 and H1-B visa valid from 2016-2017. I never traveled to US on same. Renewal for same was applied from India, but got a denial in 2019.

I am now planning to go on H4, as my spouse's dependent who is currently working in US on H1-B.

1) Will I be able to apply for a new H1-B under non-cap category?

2) Are IT companies / Consultancy in US considering this type of cases for applying H1-B under non-cap?

2) Will my H4 status get effected by any chance, if my H1-B application in non-cap does not go through?

Thanks & Regards,


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1) I guess you need to go for cap gap since you do not have any now valid old H1B. You also did not travel to USA so your H1B did not even start.

2) Typical questions. We cannot vouch for it.

3) They might see your so many work authorized immigration petitions approvals/not activated/ denial and feel that your main intension is to work. This may or may not happen.

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