For a previous H-1b holder, would I be Cap Exempt when converting from H4 to H-1B?


challapallirahul

Recommended Posts

My wife is currently on H-1B visa. She wants to take a break from work for ~1 year. She will have to change her status to H4. Now after 1 year, if she wants to start working again and finds an employer, can the employer apply for H-1B without the lottery? Or does she have to go with the lottery again for the H-1B? Below are more details

1. She will complete her 6 years on H-1b by this September.

2. She had her labor approved

3. Her I-140 might be approved in the next 30 days.

 

I would appreciate if someone can point to USCIS official documentation on this. Thanks in advance for your help 

Link to comment

Archived

This topic is now archived and is closed to further replies.