H1 - H4 - H1...please help

P

pmody

New Member
Hello,

The situtation is as follows....Please help its URGENT.

Person has H1-B from last 2 years and working for an Indian company in India with ~3 months assignment in US per year. She was in USA last year.

Now if that person is getting married and wants to come to US on H4 (dependent) visa.
After some times if she finds a job with US company, does she have to apply H1-B in quota (April quota and applicable from October) or can apply for the H1-B without any quota for the remaining tenure of her H1?

Summary: Sequence of Events:

Right now on: H1-B
Changing to: H4
Want to come back on: H1-B….do we have to follow the CAP (Quota) ?

Thanksa lot...

pmody
 
H1 transfer

I believe H1 transfer does not come under cap. If you are in H4 and apply for changing to H1, that would come under cap.

It may be a good idea to stick with the Indian company, come here on H1 and while you are here, try to get your H1 transferred to another company.

If you are here on H4, you could also try getting employment with some non-profit organization. Their H1's do not come under cap.

Please check with a lawyer before changing to H4.
 
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