legal timeframe for H1B


jingdejun

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Hello,

I am holding H1B and my wife is holding H4 now. I have a question about my wife's H1B she applied 4 years ago.

In April when my wife was still in OPT, a consulting company applied H1B for her. Since there was no realistic job assigned to my wife in that company, my wife left that company and went to Singapore (got a nice job offer there) before her H1B approval. After a few weeks the consulting company notified my wife that her H1B got approved. However my wife did not returned to US and continued to stay in Singapore.

In May 2012 my wife returned to US with H4B to have family reunion.

Here, my question is, if my wife look for a job in US, is it possible for her to use the H1B quote that she got approved 4 years ago? Or she still need for new H1B?

Also, my wife just got congratulation email from the company secretary that her H1B got approved, but she does not know the case number. Is it possible to get her status by merely her SSN?

According to this post on your website, looks like my wife still is able to use her old H1B quote. There might be some logistical issues regarding showing proof of status, but your company has some strategies to handle it.

Is it possible for your company to provide some kind of service to handle this issue?

Thank you very much for your help!

Regards,

Derek

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Generally, an individual is considered counted against the numerical H1B cap if s/he was in the U.S. when the cap subject petition was approved with a change of status request or s/he was issued an H1B visa at a U.S. consulate abroad. The Petitioner will need to provide evidence of the prior approval or H1B visa as proof of cap exemption. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your wife's case and to determine whether she will qualify to file a cap exempt H1B petition.

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