H1B - H4 and then back to H1-B, does it require H1-b QUOTA to move from H4 - H1B again

[sakethwins]

Hello,

 

My wife is working on H1- B and got her stamping done, her visa is valid till SEP- 2014.  She is planning to transfer to H4 (Dependent), in future if she plans to transfer to H1-B to a different employer(not the employer who applied initially), does she need to apply in H1-B CAP/QUOTA or else as she had H1-B visa earlier can she transfer to H1-B from H4 irrespective of H1-B CAP/Quota ?

[jairichi]

Hello,

 

My wife is working on H1- B and got her stamping done, her visa is valid till SEP- 2014.  She is planning to transfer to H4 (Dependent), in future if she plans to transfer to H1-B to a different employer(not the employer who applied initially), does she need to apply in H1-B CAP/QUOTA or else as she had H1-B visa earlier can she transfer to H1-B from H4 irrespective of H1-B CAP/Quota ?

She is cap exempt.

[rahul412]

Hello,

 

My wife is working on H1- B and got her stamping done, her visa is valid till SEP- 2014.  She is planning to transfer to H4 (Dependent), in future if she plans to transfer to H1-B to a different employer(not the employer who applied initially), does she need to apply in H1-B CAP/QUOTA or else as she had H1-B visa earlier can she transfer to H1-B from H4 irrespective of H1-B CAP/Quota ?

Once your H1 is approved, your next H1 will be cap exempt.

[smsb0709]

Hi, Can some body please help me with the answers for the questions i have .

• I have H1-B valid till october 2014 with current 1-94, I would like to convert to H4 (dependent) on my husband's Visa. In future , i would want to go back to H1B status again. To apply H1B again , do i have to wait for quota?
• Do i have to get my visa stamped after converting to H4 and then apply for H1B again?
• What are the application forms # to apply for H4
• Are there chances of visa stamping issues when applying back to H1B from H4?

Thanks in Adavance

 

---Smsb

[ge145]

she will not be counted in quota. good luck

[jairichi]

Hi, Can some body please help me with the answers for the questions i have .

• I have H1-B valid till october 2014 with current 1-94, I would like to convert to H4 (dependent) on my husband's Visa. In future , i would want to go back to H1B status again. To apply H1B again , do i have to wait for quota?
• Do i have to get my visa stamped after converting to H4 and then apply for H1B again?
• What are the application forms # to apply for H4
• Are there chances of visa stamping issues when applying back to H1B from H4?

Thanks in Adavance

 

---Smsb

(1) No, you are cap exempt so no need to wait for quota.

(2) If you are in US and applying for a change of status from H1B to H4 there is no need for stamping. Only when you exit ad re-enter US you need to go for H4 stamping. If you are outside US you have to apply for a H4 visa stamping at US consulate.

(3) If it is a change of status from H1B to H4 then you need to submit I539 and supporting documents from you and your husband. If outside US then DS160 and supporting documents.

(4) No, as long as you and your husband have not violated any immigration law.