H4 to H1 visa questions

[bharath.r]

Hi,

 

I am currently working on a H1B visa and my wife is on H4 visa. Previously, she was on H1 visa for 2 years - between Oct. 2008 and Sep. 2010 (non-exempt) - before she quit and returned to India. She is currently looking for jobs, and change to H1 status. We have the following questions:

1. Can any potential employer (private companies or NGOs) file for her H1 visa under cap-exempt?
2. Can she use the remaining 4 years on the new visa, or only 3 years?

Please advice.

 

Thanks,

Bharath

[jairichi]

1. Yes.

3. 4 years.

[bharath.r]

Hi Jairichi,

 

Thank you for the reply.

 

So does this mean 

1. The private companies/NGOs can apply for the cap-exempt H1B visa at any time of the year, without having to wait for the April 1 application date? 

2. My wife can join at any time of the year, and not have to wait till October 1?

 

Let me know.

 

Regards,

Bharath

[jairichi]

 

Hi Jairichi,

 

Thank you for the reply.

 

So does this mean 

1. The private companies/NGOs can apply for the cap-exempt H1B visa at any time of the year, without having to wait for the April 1 application date? 

2. My wife can join at any time of the year, and not have to wait till October 1?

 

Let me know.

 

Regards,

Bharath

 

Since your spouse was cap subject once and has not utilized the max allowed stay of 6 years on H1B status all her future H1B petitions are cap exempt till she completes 6 years stay on H1B status. Any new employer (for profit or non-profit) can file a cap exempt H1B petition anytime and once approved she can join employer immediately. No need to go through lottery or wait for Oct 1st to start work.

[bharath.r]

Hi Jairichi,

 

Thank you for the reply.

 

Regards,

Bharath