On H1-B and need to take a break and resign.

[seamoss]

Hi,

My wife is on H1B and she needs to take a break for a couple of months as her current job is very stressful. She is thinking to resign. I am also working and have a H1B. I have following questions related to this scenario:

 

1. I am thinking to have my wife on H4 dependent visa. But if she finds another job in say next 2 months, will she be subject to H1B cap again or it will be regular H1-B transfer? 

2. She has an approved I-140. Will her priority date be retained if we take this route ? Or will we lose PD? 

3. Are there any other risks by taking this route?

 

Any other suggestions are welcome.

 

Thanks.

[pontevecchio]

1. She can always file a COS to H4 and stop working on receipt. She will not be cap subject for a future H1 job.

2. This route has NO connection to PD retention.

3. ?

[Attorney_15]

If Mr. X is on H1B and his wife - Mrs. X - is on H1B she can file a change of status to H-4 or she could change status by traveling.  Mrs. X could travel abroad and apply for an H-4 visa or travel abroad to Canada or Mexico for less than 30 days and re-enter for admission in H-4 status under automatic revalidation.  Once the H4 spouse wishes to revert to H1B, the employer would file an H1B Petition that would be a regular petition, exempt from the cap.

 

I140 petition priority dates are normally valid so long as the petition is not withdrawn.  In order to obtain a full assessment of possible problems with any course of action it really is important to consult directly with an attorney for legal advice. The information posted on Murthy Forum is not legal advice but general information.