H1 B General Question on H1 Transfer

[arjunanand]

Hi All,

My Wife before she married to me she was working for Indian IT Firm where they Sponsored her H1 and got her Visa in 2011 as well.

But they never showed any interest for sending her to US.

We got married and she came along with me by Quitting her Job and as H4 Visa..

I am wondering about her situation

whether she can use her Old H1 Petition and Transfer to New Employer?? or Does she need to do a H4 to H1 Transfer??

Please Advise

[nineballs]

Since your wife has been counted once under h1b cap. She can have a new h1b (with cos from h4 to h1) filed from any employer. This new h1b petition will be cap exempt and can be filed anytime.

The process will not be called h1 transfer, since she never worked on her h1. But the process, fee and other stuff should be same.

An attorney can guide you better on this.