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  #1 (permalink)  
Old 01-22-2009, 05:08 PM
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sooner_us is on a distinguished road
Default Urgent - H1B to H4 & H4 back to H1B

My wife received new H1B visa in the year 2007 (I-94 & H1B Visa stamped till Oct 2010), she continued her job till Jan 2009 and after that she was laid-off. I am currently on H1B visa. Now we are planning to change her status to H4. I have following questions:

1. If my wife changes her status to H4 & after few months or a year say by Jan 2010 she gets a job & the employer is ready to file a petition (H1B) for her, will her new H1B be counted against the H1B Cap/Quota? If not, can this transfer of status from H4 back to H1B be done at anytime irrespective of the October month?

2. Does she need to be on H4 status for sometime before she comes back to H1B status? If yes, how long?

3. Since she was on H1B visa once, will the transfer from H4 to H1B visa be considered as a regular H1B Visa transfer?

4. Will the period (months) during which she will be on H4 status be counted towards total H1B visa 6 year limit?
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  #2 (permalink)  
Old 01-22-2009, 05:25 PM
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Default

1. If my wife changes her status to H4 & after few months or a year say by Jan 2010 she gets a job & the employer is ready to file a petition (H1B) for her, will her new H1B be counted against the H1B Cap/Quota? If not, can this transfer of status from H4 back to H1B be done at anytime irrespective of the October month?

She would not be counted towards Cap/quota. You can apply anytime you want there is no restriction.

2. Does she need to be on H4 status for sometime before she comes back to H1B status? If yes, how long?

You have to wait for her H4 approval before you can apply for H1B that is the only restriction.

3. Since she was on H1B visa once, will the transfer from H4 to H1B visa be considered as a regular H1B Visa transfer?

Don't know

4. Will the period (months) during which she will be on H4 status be counted towards total H1B visa 6 year limit?

Don't Know
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  #3 (permalink)  
Old 01-22-2009, 11:17 PM
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Agree with Ramaskar on point 1 and 2

3. Since she was on H1B visa once, will the transfer from H4 to H1B visa be considered as a regular H1B Visa transfer?
NOT SURE, CANT BE A REGULAR H1B TRANSFER BECAUSE THATS BETWEEN H1B COMPANY TO COMPANY TRANSFER. WHEN YOU ARE READY TO TRANFER FROM H4 TO H1SHE WILL NOT BE SUBJECT TO CAP & TIME OF THE YEAR WILL NOT MATTER. WHEN THE TIME COMES, LAWYER SHOULD KNOW HOW TO FILE

4. Will the period (months) during which she will be on H4 status be counted towards total H1B visa 6 year limit?

NO
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  #4 (permalink)  
Old 01-23-2009, 07:27 AM
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desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
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Quote:
Originally Posted by sooner_us View Post
My wife received new H1B visa in the year 2007 (I-94 & H1B Visa stamped till Oct 2010), she continued her job till Jan 2009 and after that she was laid-off. I am currently on H1B visa. Now we are planning to change her status to H4.
I have following questions:
1. If my wife changes her status to H4 & after few months or a year say by Jan 2010 she gets a job & the employer is ready to file a petition (H1B) for her, will her new H1B be counted against the H1B Cap/Quota?
No.
If not, can this transfer of status from H4 back to H1B be done at anytime irrespective of the October month?
That's correct.

2. Does she need to be on H4 status for sometime before she comes back to H1B status? If yes, how long?
She needs to change to H4 status as she is not in H1-B Status anymore. Her new employer can file for change of H1 status anytime. The change of status H1 can be filed even when H4 change of status is pending. There is no restriction that one needs to wait for H4 approval before filing for a new change of status for H1-B based on new job offer.

3. Since she was on H1B visa once, will the transfer from H4 to H1B visa be considered as a regular H1B Visa transfer?
This will be exempt from quota.

4. Will the period (months) during which she will be on H4 status be counted towards total H1B visa 6 year limit?
No.
My reply is in Blue ...

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Last edited by desi3933; 01-23-2009 at 07:29 AM.
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