goldenhurricane Posted September 12, 2013 Report Posted September 12, 2013 Hi, My wife has an approved H-1B by embassy and she is in India waiting for Oct 1 to come and start work. Her employer pulled back the offer and doesn't want to hire her anymore. If I bring her on H-4 (dependent) and if she finds a new job here, can she move back to H-1 from H4 without having to wait for April 1 2014 (the fact that she had an approved H1) ?
jairichi Posted September 13, 2013 Report Posted September 13, 2013 Hi, My wife has an approved H-1B by embassy and she is in India waiting for Oct 1 to come and start work. Her employer pulled back the offer and doesn't want to hire her anymore. If I bring her on H-4 (dependent) and if she finds a new job here, can she move back to H-1 from H4 without having to wait for April 1 2014 (the fact that she had an approved H1) ? Yes, she can by applying for a COS from H4 to H1B. The new employer has to file a cap exempt H1B petition and upon approval she can work immediately.
rahul412 Posted September 14, 2013 Report Posted September 14, 2013 If I bring her on H-4 (dependent) and if she finds a new job here, can she move back to H-1 from H4 without having to wait for April 1 2014 (the fact that she had an approved H1) ? yes.
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