H1B to H4 (later possibly H1)

[arun4all]

Hi,

 

My wife is in India with a valid H1B from Feb 2012 till Feb 2014. It looks like she cannot return to her old employer with H1B and we are in the process of applying for H4 visa.

 

1) Does she need to apply for a new H4 visa or change of status from current H1B to H4, while in India

 

 

2) If it were a new H4- does H4 to H1B change of status through potential new employer cap exempt?

 

 

3) And, how does USCIS know an application is cap exempt or subject to cap.

 

 

Thank you.

[jairichi]

Hi,

 

My wife is in India with a valid H1B from Feb 2012 till Feb 2014. It looks like she cannot return to her old employer with H1B and we are in the process of applying for H4 visa.

 

1) Does she need to apply for a new H4 visa or change of status from current H1B to H4, while in India

 

 

2) If it were a new H4- does H4 to H1B change of status through potential new employer cap exempt?

 

 

3) And, how does USCIS know an application is cap exempt or subject to cap.

 

 

Thank you.

1. Change of status could be done only when the applicant is in US. Since she is in India she has to apply for H4 visa.

2. Her future H1B petitions would be cap exempt till she uses the max of 6 years on H1B.

3. When employer files a cap exempt H1B petition they would need to enclose a copy of the cap subject H1B's I797 approval notice.

[arun4all]

Thanks again.