H1b to H4 and back to H1b

[reddyz]

 

My wife who came to US for masters degree -after completion ,she joined an Indian company,who they applied the h1b visa in yr 2012 

 

After 12 months i.e on 2013 Oct ,she has to resigh for some personnel problems and go back to India - and that company revoked her H1b ,now she is planning to come back to US on h4

 

My question is here ,can she come back to US on H4 visa and again file for h1 ? since already she was on H1 ,can h1b be filled without cap quota ?

 

Please advise

[jairichi]

 

 

My wife who came to US for masters degree -after completion ,she joined an Indian company,who they applied the h1b visa in yr 2012 

 

After 12 months i.e on 2013 Oct ,she has to resigh for some personnel problems and go back to India - and that company revoked her H1b ,now she is planning to come back to US on h4

 

My question is here ,can she come back to US on H4 visa and again file for h1 ? since already she was on H1 ,can h1b be filled without cap quota ?

 

Please advise

 

Yes, an employer can file a cap exempt H1B petition anytime and on approval as COS she can start working for employer.