H4 to H1 - Pregnant time off

[iamlaksh1]

All,

 

My wife is in H1B and working in US for last 3 years and has valid visa till 2016. She is pregnant now, we would like to COS to H4  because of medical reasons. She would like to resume work after a certain period. But her current employer may not file H1 again.

 

Question?

 

a) When she comes to back to work, will it be new  H1 petition?

b) Do we need to wait till April cycle? or file any time under cap exempt?

c) If we can COS to H1B any time, how long does it take to file new H1 for another employer?

 

Please help me with me detailed answer. Thanks in advance,

[pontevecchio]

a. A new non cap Petition

b. non cap = cap exempt

c. 3 weeks with Premium Processing. Few months for regular processing.

[jairichi]

All,

 

My wife is in H1B and working in US for last 3 years and has valid visa till 2016. She is pregnant now, we would like to COS to H4  because of medical reasons. She would like to resume work after a certain period. But her current employer may not file H1 again.

 

Question?

 

a) When she comes to back to work, will it be new  H1 petition?

b) Do we need to wait till April cycle? or file any time under cap exempt?

c) If we can COS to H1B any time, how long does it take to file new H1 for another employer?

 

Please help me with me detailed answer. Thanks in advance,

a. Yes, it is a new petition but cap exempt meaning a H1B petition can be filed anytime and on approval she can start working immediately.

b. Refer a.

c. Employer only can file COS from H4 to H1B. 3 to 4 months by regular processing and 15 calendar days by PP.