H1B Cap

Attorney_22

By Attorney_22,
in H1B : General

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NYWarrior Advanced Member

NYWarrior

Posted
Posted

Generally, if a change of status is pending and the subject of the application/petition departs the U.S., the change of status will be abandoned. If this occurs your wife will need to obtain an H1B visa and re-enter the U.S. to initiate the H1B status. Your change to a new employer would not affect your wife's H1B provided she maintains valid H4 status during your transition.  

 

Thanks @Attorney_22
 
I'm trying to put all available options for her
 
1) if h1b gets in lottery and approved.. she can come back on h1b after getting h1b visa stamp only afer 1st oct 2016
 
2) If h1b didn't get picked in lottery- she can come back on H4
 
3) if h1b gets in lottery and approved. Can she come back on H4 before 1st oct 2016 on H4 ( currently she has h4 valid still end of sep,16 )? later can she able to change the status to h1b on approved petition?
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