current h4 holder with prior h1b approval

[stasj]

Hi

 

My wife had h1b approved in 2011-12 but did not go for stamping. Now she has an H4 based on my H1b and will be joining me in U.S. this month March 2014. I have 2 queries

 

1) based on past h1b approval(we don't have details), can she get h1b cap exemption if we find an employer who is ready for filing her h1b? What details of past approval is required?

 

2)How to find a trustworthy employer with good past record?

 

-.stasj

[jairichi]

Hi

 

My wife had h1b approved in 2011-12 but did not go for stamping. Now she has an H4 based on my H1b and will be joining me in U.S. this month March 2014. I have 2 queries

 

1) based on past h1b approval(we don't have details), can she get h1b cap exemption if we find an employer who is ready for filing her h1b? What details of past approval is required?

 

2)How to find a trustworthy employer with good past record?

 

-.stasj

1. Yes.

2. Look for direct employers and not consultancy.

[stasj]

Thanks for your answer.

 

1) I do not have past approval details as the company she worked for doesn't disclose unless the employee is ready for stamping. Is there any publicly available record/website(say uscis) where I can get the past approval details?

 

2) If I manage to find her past approval details, would we still have to apply by April1st 2014 for the August 2014 date? Or due to past approval we can start the conversion from h4 to h1b before April 1st (or later)?

 

Thanks

stasj

[jairichi]

Thanks for your answer.

 

1) I do not have past approval details as the company she worked for doesn't disclose unless the employee is ready for stamping. Is there any publicly available record/website(say uscis) where I can get the past approval details?

 

2) If I manage to find her past approval details, would we still have to apply by April1st 2014 for the August 2014 date? Or due to past approval we can start the conversion from h4 to h1b before April 1st (or later)?

 

Thanks

stasj

1. File a FOIA with USCIS.

2. If she had been cap counted already then she is cap exempt which means an employer can file a cap exempt H1B petition anytime and on approval she can start working immediately.