H1 Expired + H4 + H1 Cap Exempt

[benish]

Hi,

 

I got H1 stamped in 2012 (processed by my company) and it expired by June 2013. I couldn't travel to USA till now due to personal constraints. And now my husband got H1 stamped, travelled to USA and me along with son got H4 stamped. Myself and my son are still staying in India and I didn't resign from the company yet.

 

Questions:

1. If my company looks out for oppurtunities in US again:

    (a) Will that be a H1B Cap exempt not subject to quota

    (b) Will I need to go for stamping again

    © Will it be auto-approved this time or chances of denial

    (d) What is the processing time to do so

2. If my company doesn't find out any suitable oppurtunities in US and they are not ready to process my H1 Cap exepmt:

    (a) Can the H1 Cap exempt be processed by another Indian consultant companies?

    (b) If answer is yes to the above Q, then what are te chances and processing time

    © If answer is yes to 2(a) then Can I go to USA to H4 while the processing is being done back at India?

    (d) Say if I didn't apply for H1 Cap Exempt in India and travel to USA on my H4, Can I process the H1 Cap Exempt in USA and start to work? If so, what is the process to do so and how much time it takes me to join the work. Should I resign the current company or can I travel on long/sabatical leave and work in USA?

 

Thanks for your patience on reading this. Please help me meet my husband in USA asap since me and my son are so deperate to meet him.

[jairichi]

Hi,

 

I got H1 stamped in 2012 (processed by my company) and it expired by June 2013. I couldn't travel to USA till now due to personal constraints. And now my husband got H1 stamped, travelled to USA and me along with son got H4 stamped. Myself and my son are still staying in India and I didn't resign from the company yet.

 

Questions:

1. If my company looks out for oppurtunities in US again:

    (a) Will that be a H1B Cap exempt not subject to quota

    (b) Will I need to go for stamping again

    © Will it be auto-approved this time or chances of denial

    (d) What is the processing time to do so

2. If my company doesn't find out any suitable oppurtunities in US and they are not ready to process my H1 Cap exepmt:

    (a) Can the H1 Cap exempt be processed by another Indian consultant companies?

    (b) If answer is yes to the above Q, then what are te chances and processing time

    © If answer is yes to 2(a) then Can I go to USA to H4 while the processing is being done back at India?

    (d) Say if I didn't apply for H1 Cap Exempt in India and travel to USA on my H4, Can I process the H1 Cap Exempt in USA and start to work? If so, what is the process to do so and how much time it takes me to join the work. Should I resign the current company or can I travel on long/sabatical leave and work in USA?

 

Thanks for your patience on reading this. Please help me meet my husband in USA asap since me and my son are so deperate to meet him.

1.

a. Cap exempt

b. If you want to enter on H1B from India then yes as your visa has expired by June 2013.

c. There is no auto approval. It will face the same scrutiny like previous H1B petition.

d. 3 to 4 months by regular processing or 15 calendar days by premium processing.

2. 

a. Yes. But, stay away from them.

b. Refer 1d.

c. You can if H1B is approved it would be so with consular processing. Then, you need to exit and enter US with valid visa to be on H1B status and to work.

d. Yes. An employer can file a change of status from H4 to H1B and on approval you can work.

[benish]

Thanks a lot for the response. 

 

I understood that if I travel on H4 to USA and want to work then an employer can file change of status from H4 to H1B.

But since I already had an expired H1B, can you help me understand whether my expired H1B would benefit me to get the H1 again in terms of processing time, fees, scrutiny, change of process etc.

[jairichi]

Thanks a lot for the response. 

 

I understood that if I travel on H4 to USA and want to work then an employer can file change of status from H4 to H1B.

But since I already had an expired H1B, can you help me understand whether my expired H1B would benefit me to get the H1 again in terms of processing time, fees, scrutiny, change of process etc.

Since you were counted once against cap till you finish the maximum allowed of 6 years on H1B you are cap exempt. If you are in US on H4 status a new employer has to file a change of status cap exempt H1B petition and has to pay all H1B related fee. On approval you can begin to work. Processing time 3 to 4 months by regular processing or 15 calendar days by premium processing. The H1B petition will be scrutinized the same way like every new H1B petition.