convert H4 to H1B

[veerabhadra]

I am in US on H1B and my wife also has stamped H1B, but she never travelled to US and She is not getting any opportunity from her current employer. If she come to US on H4 visa, in that case what will be the status of her H1B. Will they reject her H1B? if Not, Can she travel on H4 and there converted to H1B again ? If Yes, will it comes under the CAP or not.

[rahul412]

Yes to all.

[jairichi]

I am in US on H1B and my wife also has stamped H1B, but she never travelled to US and She is not getting any opportunity from her current employer. If she come to US on H4 visa, in that case what will be the status of her H1B. Will they reject her H1B? if Not, Can she travel on H4 and there converted to H1B again ? If Yes, will it comes under the CAP or not.

A new employer can file a fresh cap exempt H1B petition anytime along with COS from H4 to H1B. On approval she can start working for employer.

[veerabhadra]

1. If the H4 rejects what will be the status of H1?

2. If the petition rejects which she applied newly? What will be the status of old petition?

[veerabhadra]

1. If the H4 rejects, what will be the status of H1?

2. If the petition rejects which she applied newly, what will be the status of her old petition?

[jairichi]

1. If the H4 rejects what will be the status of H1?

2. If the petition rejects which she applied newly? What will be the status of old petition?

1. Why are you thinking her H4 visa application would be denied? As long as you maintain your legal status in US on H1B she would get a H4 visa. A new employer can file a cap exempt H1B petition even now when she in her home country.

2. Her H1B petition remains valid till she completes the max allowed stay of 6 years on H1B status in US.

[veerabhadra]

Hi,

 

1 . I am working on H1B and My wife also has stamped H1B. But she want to come to US on H4. If the H4 rejects, what will be the status of H1B?

 
2 . If H4 got approved, Then she travel to US and apply for H1B petition newly.


3 . In case If the petition rejects which she applied newly, what will be the status of her old H1B petition?

[jairichi]

Hi,

 

1 . I am working on H1B and My wife also has stamped H1B. But she want to come to US on H4. If the H4 rejects, what will be the status of H1B?

 

2 . If H4 got approved, Then she travel to US and apply for H1B petition newly.

3 . In case If the petition rejects which she applied newly, what will be the status of her old H1B petition?

1. Nothing will happen to her H1B. A new employer can file a cap exempt H1B petition even now when she in her home country.

​2. Yes, employer files a cap exempt H1B petition and COS from H4 to H1B.

3. Refer 1 & 2.