praveen.mahadevaiah Posted March 19, 2014 Report Share Posted March 19, 2014 Hi , My wife had h1b Visa and we converted to h4 in October 2010 due to maternity. Her H1B petition got expired in september 2010, but she has never crossed her 6 year limit on H1. Can she apply for change of status to H1 using her old petition with a new or old employer or does she have go with all new petition again. Is she exempted from Visa cap..? Thanks Praveen Link to comment
jairichi Posted March 19, 2014 Report Share Posted March 19, 2014 Hi , My wife had h1b Visa and we converted to h4 in October 2010 due to maternity. Her H1B petition got expired in september 2010, but she has never crossed her 6 year limit on H1. Can she apply for change of status to H1 using her old petition with a new or old employer or does she have go with all new petition again. Is she exempted from Visa cap..? Thanks Praveen She is cap exempt. An employer can file a cap exempt H1B petition anytime and on approval she can start to work. Link to comment
pontevecchio Posted March 19, 2014 Report Share Posted March 19, 2014 She can have any H1 sponsor file a NEW NON CAP H1 petition with COS from H4 and get her remaining H1 time. H4 periods do not count. Link to comment
rahul412 Posted March 19, 2014 Report Share Posted March 19, 2014 Yes, she is cap exempt. Link to comment
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