h1b to h4 to h1b


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Hi Team,


Please help me in my queries.


I had an approved H1B petition which got filed in 2015. I have a stamped H1B visa and petition valid till September 2016 and I am currently in India. If I am do not travel before september, my employer is not ready to apply for extension 

while I am in India as there are no requirements as of now.


What are the possible ways for me to work on H1 in US


1) Is it possible for initiating H1B transfer by another employer while I am in India.(As I never travelled to US with my employer)


2) My spouse is currently in US with H1B status. If I travel on a H4 visa, will I be able to apply COS from H4 to H1B if I can find an employer who can apply for  a H1B transfer. In this case will my H1B processing considered as CAP exempt?


3) As my current petition is getting expired by September 2016, will this have an impact on H1B transfer if it is applied after September 2016.



Thanks for your help!

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