j2 dependent needs to transfer to H1B

[arundba]

Dear Sir,

I am Post Doctoral Research Fellow. I have been working in USA with J1- Exchange Visitor Visa from Feb 2007. My Visa will expire in Dec 2011. I wanted to apply for J1 Waiver – (2 Year Home Residency Rule) – by getting No Objection –NORI from my country India. It is under processing. I am expecting to get “No Objection Certificate- NORI†from my country by the end of this month (May 2011). Once I get my J1 waived from USCIS finally, my company will file for H1B Visa.

I would like to know about my husband’s status. My husband came to USA in May 2005 on H1B visa sponsored by the IT Company – Cognizant Technology Solutions. In May 2009, when he applied for H1B extension, USCIS asked for evidence and it has been rejected. Then my husband got his J2 dependent Visa, the Employment Authorization Card and he was able to work for the same IT Company. Could you please answer my following questions?

1. As he works for an IT company, Computer Professionals can file for H1B visa only in the specific time frame (I think March based on the quota). What will happen to his status when I get my H1B visa through my employer?

2. How and when to file for his H1B?

Thanks in advance,

Regards,

Vani