H4 to H1 change of status

[Turaga1973]

My wife travelled to US in 2006 on H4 and later she applied for H1 in 2009 , got the approval but she never worked on H1B. She went back to India in 2010 due to personal reasons and she is back to USA last year 2013 on H4.

 

I check with her employer who filed her H1b and he confirmed that her H1b is not revoked but it got expired in 2012.

 

My questions to the forum are

 

• Can she apply for change of status from H4 to H1
• As this year H1b is complete, is she eligible for cap exemption?
• Will there be any issues as she did work last time on H1b.

Please advise

[rahul412]

My questions to the forum are

 

• Can she apply for change of status from H4 to H1
• As this year H1b is complete, is she eligible for cap exemption?
• Will there be any issues as she did work last time on H1b.

1.She can

2.Yes its cap exempt.

3. may be

[jairichi]

My wife travelled to US in 2006 on H4 and later she applied for H1 in 2009 , got the approval but she never worked on H1B. She went back to India in 2010 due to personal reasons and she is back to USA last year 2013 on H4.

 

I check with her employer who filed her H1b and he confirmed that her H1b is not revoked but it got expired in 2012.

 

My questions to the forum are

 

• Can she apply for change of status from H4 to H1
• As this year H1b is complete, is she eligible for cap exemption?
• Will there be any issues as she did work last time on H1b.

Please advise

1. Employer files for COS from H4 to H1B.

2. She is cap exempt and a petition can be filed anytime.

3. No.