Stamped H-1->Stamped H-4->H1

[saikrishnan7]

Hello all,

My wife was working for an Indian IT company which had filed for her H1 visa in 2011. By the time it crossed RFE and got approved it was Jun 2012 and she got it stamped the same month. She had to wait for 4 more months to find out if her company was still wanting to send her on-site(She was supposed to come in Dec 2011 itself but her petition was approved only in Jun 2012). It turned out that they were not going to send her on-site in the near future so she came to the US in Oct 2012 in H4 and the company cancelled their H1. Her H1 has a seal that says "Cancelled without prejudice"

Now that she is in the US we were planning to get an H1 for her...Do we have to file a fresh H1 under this years cap or like I read in some of the forums is there a way to use her previous H1 visa?

Thanks in Advance.

[rangadu]

Generally, she can use her previous Visa to not be counted in the cap and apply for a COS to H1 anytime.

If it is not possible for your specific case for any reason, the company attorney filing her case will let you know.