Need help: H4 to H1 and moved back to H4

[tvrk]

Hi,

My wife is in H4 now.

She got her H1B in Feb 2012 and moved back to H4 with in 2-3 months once she got conceived.

She never worked here.

Looks like consutant who filed H1 cancelled her H1 in the year 2012.

We got the photo copy of approval .

 

Can we use the photocopy of I-797 to transfer H1B to new employer?

 

 

Please guide.

 

Thanks

 

[jairichi]

 

Hi,

My wife is in H4 now.

She got her H1B in Feb 2012 and moved back to H4 with in 2-3 months once she got conceived.

She never worked here.

Looks like consutant who filed H1 cancelled her H1 in the year 2012.

We got the photo copy of approval .

 

Can we use the photocopy of I-797 to transfer H1B to new employer?

 

 

Please guide.

 

Thanks

 

Yes, an employer can file a cap exempt H1B petition anytime and she is eligible to get 6 years - 2 to 3 months already spent on H1B status.

[tvrk]

Thanks a  lot for the answer.

 

One more question:

During her H1B status(2-3 months) she was on maternity leave . Salary was not paid and also we don't have any pay stubs.

 

Will this be problem if we go to new employer?

 

Please let me know.

 

Thanks

[jairichi]

Thanks a  lot for the answer.

 

One more question:

During her H1B status(2-3 months) she was on maternity leave . Salary was not paid and also we don't have any pay stubs.

 

Will this be problem if we go to new employer?

 

Please let me know.

 

Thanks

If this was an approved FMLA then no issue.