H1B to H4 to H1B

[sriduniv]

Hi All,

     My wife's H1B transfer didnt go well. Had an RFE which got denied. She went back to India and got her H4 and in the process of applying for EAD. Now, given the current political climate, people are talking about the risk of being on H4 EAD etc and it feels having another H1B between us as a back up is a safe approach.

Now, if we find?

Also during her visa interview, the officer had canceled her previous H1B stamping for what ever reason. Will that have any impact on this H4 to H1B transfer?

Thanks for your time.

 

Sri

[sriduniv]

It looks like the second paragraph of my original post has been truncated and hence reposting...

Wife's H1B transfer didnt go well....got RFE which eventually got denied...wife went back to India for H4 stamping which she has receieved...and she will come back to the US on H4 soon...

Now the question is if she finds an employer willing to do her H1B...is it a simple H4 to H1B COS since it should be cap exempt based on her previous I797 approval?..infact she has her I-140 approved as well

Also during her H4 consulate appointment, while granting her H4, they have canceled her H1B stamping...will that have any bearing on this H4 to H1B transfer if at all?

[pontevecchio]

H4 to H1 COS means a non cap H1 petition filing and approval with COS. So the same as any H1 petition filing.

[sriduniv]

Thanks Pontevechio...I was trying to understand 2 things..1,  coming back on H4 and its impact if any on her previous H1B petition approval and whether she will be eligible for a H4 to H1B COS...I believe she is as she has her I-140 approved..but still trying to get it confirmed 2. During the H4 interview, while granting H4, they have also canceled her previous H1B stamping and what impact if any, that might have on the H4 to H1B transfer....