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H1B to H4 and further on H4 to H1B

Los Angeles, CA |

My wife has been on H1B for 1 years from 22-Nov-2013 to 31-Dec-2014 and may have to go on H4 (on my H1B) for some time since we changed location and she does get a job which confirms to her existing workpermit type (Software enginear) does she have to apply for a new H1B in 1st April 2014 and wait for OCT2014 for it to happen or can she get one any time.

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Attorney answers 3

Posted

It appears your wife is cap exempt so a new H-1B petition can be filed right away.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Asker

Posted

I need to clarify that actualy first employer revoked the H1B. So is it revoked h1b and exempt from the visa cap are two diffrent things? My wfie just work one month with first employer and than after change the status to H4 and first employer revoked the H1B and send the termination notice. Now after 2 month on H4 status she got one another employer who is ready to provide job. so now she needs to again file H1b and go through the whole processs of H1b and lottery or file H1B any time? She does not have paystub for last two month as she is on H4.

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

This exactly why a forum is not a substitute for a consultation. You have two options. The first is to discuss the matter with new employer's immigration attorney. The second is to schedule a consultation with an experienced immigration attorney.

Posted

Your wife is not subject to the visa cap, assuming that her first employer was not exempt from the visa cap.

Her employer can file an H1B petition for her requesting change of status from H4 to H1B and request immediate start date if desired.

Asker

Posted

I need to clarify that actualy first employer revoked the H1B. So is it revoked h1b and exempt from the visa cap are two diffrent things? My wfie just work one month with first employer and than after change the status to H4 and first employer revoked the H1B and send the termination notice. Now after 2 month on H4 status she got one another employer who is ready to provide job. so now she needs to again file H1b and go through the whole processs of H1b and lottery or file H1B any time? She does not have paystub for last two month as she is on H4.

Posted

She is CAP exempt.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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