H1B to H4 and then back to H1B-URGENT


rajee

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My wife's came to US on H4 and then converted to H1B.

 

So she got approved H1B till Nov-2014. But she is now planning to come back to H4 for a while after Nov-2014 and not going for H1B extension.

 

Lets suppose she gets a job offer in after Nov-2014, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier?

 

My questions are:

 

1. Will she have to wait till the quota open and go through all the pain again or does she can apply for H4 to H1 anytime?

 2. How long will she not be counted against the quota?

3. Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?

 

Thanks,

Raj

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My wife's came to US on H4 and then converted to H1B.

 

So she got approved H1B till Nov-2014. But she is now planning to come back to H4 for a while after Nov-2014 and not going for H1B extension.

 

Lets suppose she gets a job offer in after Nov-2014, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier?

 

My questions are:

 

1. Will she have to wait till the quota open and go through all the pain again or does she can apply for H4 to H1 anytime?

 2. How long will she not be counted against the quota?

3. Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?

 

Thanks,

Raj

1. She is cap exempt and only an employer can file a cap exempt H1B petition.

2. Till she completes the max allowed stay of 6 years on H1B.

3. Any employer.

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