H1b to H4 and then back to H1b


mightyaussie

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Hello Everyone,

 

         My wife is currently with H1b visa and her project is ending next month and her company is planning to send her back  to India. Instead of that what we are planning to do is she will resign and stay here with H4. What I want to know is can she get back to H1b once she finds another job.

I have heard somewhere that if she resigns her employer has to revoke her H1 and in that case it will be a prob to get back to H1 from H4. Can one give me good information in this regard.

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Hello Everyone,

 

         My wife is currently with H1b visa and her project is ending next month and her company is planning to send her back  to India. Instead of that what we are planning to do is she will resign and stay here with H4. What I want to know is can she get back to H1b once she finds another job.

I have heard somewhere that if she resigns her employer has to revoke her H1 and in that case it will be a prob to get back to H1 from H4. Can one give me good information in this regard.

Once she leaves her current employer by law her H1B petition has to be revoked by employer. This will not affect her future cap exempt H1B petitions filed by prospective employers. She can move back to H1B from H4 once an employer files a cap exempt H1B petition and gets approval. 

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