H1B questions


BSAHA12

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I am in US on H1B visa. My wife holds a H1B petition valid thru Oct 2014 -Sep2017. As her company "X" could not find her a project in US , stamping is not done yet.

 

Q> If she travels to US on H4 , what would be the fate of her H1 petition ? Will it become void ?.

 

 

Q> If her current H1 petition becomes void, would she qualify for Cap-Exempt transfer ?

 

Q> Incase she qualifies for Cap-Exempt transfer , will she again need to travel to India for stamping ?

 

 

 

 

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She can come on H4 and start searching for job. whenever she get job confirmation, she can apply for COS from H4 to H1 with cap exempt. This is same like extenstion. You need to provide all documents like new application and need for premium process so that she will get approval before job start date and good to go. No need of going back to India again.

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