rajusaforum Posted December 20, 2017 Report Share Posted December 20, 2017 Hi, My wife entered USA on H4 visa and changed to H1b (through lottery) and started working from Oct'2013 to Sep'2016. She went for H1B Stamping at Chennai and received 221g (Employer-Employee additional documentation) and a particular client-vendor contract document couldn't be submitted since the client is federal. Eventually the case has been sent to USCIS for further review and we didn't hear back anything from USCIS yet. Meanwhile, she went for H4 stamping and traveled to USA and started working on H4EAD. Now, we are planning to do COS(Change of Status) from H4 to H1 using Cap-Exempt with the same employer where Visa got 221g. Is she eligible to use cap-exempt? I would appreciate any of your valuable inputs. Thanks Link to comment
pontevecchio Posted December 20, 2017 Report Share Posted December 20, 2017 Yes, She is. Why change from H4 EAD unless necessary? Link to comment
stampwithgrace Posted December 21, 2017 Report Share Posted December 21, 2017 Exactly. Just stay on H4 EAD and avoid the hassle and the uncertainty of the H1b. The H4 EAD is not going anywhere soon. Link to comment
rajusaforum Posted December 21, 2017 Author Report Share Posted December 21, 2017 Thank you so much for your kind responses. Yes indeed, being in H4EAD is having a lot of advantages. The reason for us consider moving to H1-B is that the USCIS is planning to rescind the current H4EAD program by May/June 2018. Do you see any potential possibilities that this H4EAD program will survive in this administration? Thanks. Link to comment
shekar11# Posted December 22, 2017 Report Share Posted December 22, 2017 On 12/21/2017 at 9:55 AM, rajusaforum said: Thank you so much for your kind responses. Yes indeed, being in H4EAD is having a lot of advantages. The reason for us consider moving to H1-B is that the USCIS is planning to rescind the current H4EAD program by May/June 2018. Do you see any potential possibilities that this H4EAD program will survive in this administration? Thanks. You can think about change of status when USCIS makes a final decision. You will have enough time to file COS. Link to comment
rajusaforum Posted April 24, 2018 Author Report Share Posted April 24, 2018 My wife has received Notice of intent to revoke of her last approved extension petition. I think it will be eventually denied as she is not on H1b and not working for the client either. Can she transfer to H1b from H4 later using CAP EXEMPT though the extension petition is denied in the future? Link to comment
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