Change of status from H4 to H1-b

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strippy1

New Member
My wife and I and both on H1-b (Oct 2006 to Sept 2009). My wife is planning to quit and change her status to H4. She is also looking for a new job.

a) While the approval for change of status from H1-b to H4 takes 3 to 6 months, can my wife quit her current job after change of status has been filed (but not approved)?

b) Since my wife has already been subject to H1-b cap in 2006, when she applies for change of status back to H1-b (subject to new employment) will she be subject to cap again? Or can she simply apply to change of status / transfer to new H1-b with new employer?

Thanks
 
I think, she will be in H-4 from the date from the start date mentioned in the change of status application.

She will not be subjected to the H-1B cap as she has not completed 6 years (time spent on H-4 do not count towards the 6 year limit).
 
wait for approval?

I am applying for change of status from H4 to H1, do I need to wait for approval or can I start working as soon as I file my change of status application?
 
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