H1 2201g to H4 to H1 Possibility

[rahin]

Hi,

My Wife H1 Application was approved without an I-94 and she continued to stay in US after this happened, which I understand that she stayed in US for 5 months being Out Of Status. She then left to India and got her H4-B Stamped. Now the question is can she apply for H1-B tarasnfer or does it has to a New H1-B? 2nd question, can the same previous employer file for a H1-B for her or does it has to be someone else?

Thanks Much providing your opinions/inputs.experiences etc.

[rrr2008]

Yes, you can do her Change of Status from H4 to H1 with the same old employer.

It won't come under new quota, since she already has a H1 earlier.