H1B approval to H4 to H1B


skpn97

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Currently, I'm on H1B visa working in US. My wife is in India. She has an approved H1B (approved this year) but does not have the I797 in her possession. She no longer intends to work for the current employer and has applied for H4 visa. She intends to come to US on H4, find another employer and then apply for H4 to H1B conversion.

 

Questions:

1. Can the current employer legally withhold the I797 documents?

2. Can she get I797 using the petition number?

3. Will having an approved H1B hamper her chances of getting a H4?

4. For H4 to H1B conversion under different employer, can she use the same petition number? Will she be under the quota?

 

Would highly appreciate your help in this situation.

 

Thanks!

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