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H1 221g - H4

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Hi ,

Me and My wife went for H1B stamping in Chennai on 23rd Nov 2011, I got my Visa but she got 221g. We submitted all the required documents on the same day and waiting to here from US consulate. Hopefully she will get her Visa, but in case she doesn't we are planning to go for H4 .

Can someone please answer following questions in case she comes to US on H4

1) Can she apply for H1B Visa right after landing in US or are there any restrictions in regard with time?

2) Can old employer file for new H1B or we have to find another employer?

3) Will she fall under H1B quota? ( Hopefully no, since H1B for this year is already filled up)

Any information in this regard is appreciated.

Thanks very much in advance.

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1. She cannot apply for a H1 visa in the USA. Any suitable Employer including her current sponsor can refile a H1 petition for her at any time after she comes back.

2. A new sponsor may be a good idea if the visa stamping was denied because of lack of adequate documentation provided by the employer.

3. No.

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