H1 Withdrawn – Moved to H4 – Now want to move to H1

[KAL17]

Hi,

Thanks for checking my query.

1. My wife worked on H1B from 2008 to 2011.
   
2. When her employer applied for H1B extension in 2010 for 3 years, she has received approval for 3 years i.e. up till 2014, at that time she is working in ‘X’ client through the employer.
   
3. After some time she had to move to ‘Y’ client through the same employer.
   
4. But unfortunately USCIS inquired in ‘X’ client place whether she is working or not but by that time she had moved to ‘Y’ client.
   
5. At that time USCIS sends a RFE even though she received H1 approval before for 3 years as her employer didn't apply for LCA when she moved to ‘Y’ client place.
   
6. Her employer replied to RFE but she had to travel to INDIA before she receives answer from USCIS in end of 2011.
   
7. She waited for 6 months to receive the answer from USCIS in order to attend for stamping in INDIA as she didn’t hear anything from USCIS she withdrawn her H1 and came to USA based on H4 in Dec 2011.
   
8. Now she is ready to do the job on H1 again through another employer.
   

Question

If she gets the job offer through the new employer within a month can she change the status directly from H4 to H1 without waiting for the quota as she had withdrawn previous H1?

Or

Does she have to wait for the new H1B quota to apply for jobs?

Thanks

Ratna

[wiweq]

She doesn't have to wait for the new quota. New employer can file her H1b with COS, and she would be ready to work after approval. She doesn't need to wait till Oct.

Remember, if your employer is not following H1b regulations, its employee’s burden to be aware of the rights and complain "on time". If you don't complain on time, you are considered partner in crime.

[KAL17]

Thank You Wiweq.