H4 to H1

[rockafficiando]

Hi

My wife recently got her visa refused after a 221g and Im planning to bring her into the country on H4

So if she gets the H1 back after USCIS/Employer follow-ups

or if she gets a new job and h1 sponsor

Can she start working immediately or have to wait until October this year?

Please let me know.

[kalyan_ac]

She is cap-exempt. She can start working from the day the petition has been filed.

[JoeF]

She is cap-exempt. She can start working from the day the petition has been filed.

Hmm, no.

While she is cap-exempt due to having an H1 before, she can only work once the COS to H1 is approved.

[vanvi]

She is cap-exempt. She can start working from the day the petition has been filed.

My Wife completed her Masters in 2008 and worked for a employer during her OPT period. We could not find anyone to file her H1 and so to maintain her status we filed her H4. We are now planning to file her H1 this year provided we find someone to sponsor.

Will she be under the 20000 Master CAP or the regular CAP..?

Please advise.

Thanks

[kalyan_ac]

My Wife completed her Masters in 2008 and worked for a employer during her OPT period. We could not find anyone to file her H1 and so to maintain her status we filed her H4. We are now planning to file her H1 this year provided we find someone to sponsor.

Will she be under the 20000 Master CAP or the regular CAP..?

Please advise.

Thanks

If she has not filed for a h1 before, she will fall under the Masters quota.