H1-H4-H1-Please help.

T

thash

Registered Users (C)
My wife got her H1 in 2007 which is valid till Sep 2010. But she reverted back to her H4 in Mar 2009. Now if she has to work again, can she file a change of status to go back to her original H1 which is valid till Sep 2010. Or will she have to file a fresh H1 and be considered under the H1 quota for 2010.

Appreciate any responses.

Thanks,
 
thash said:
My wife got her H1 in 2007 which is valid till Sep 2010. But she reverted back to her H4 in Mar 2009. Now if she has to work again, can she file a change of status to go back to her original H1 which is valid till Sep 2010. Or will she have to file a fresh H1 and be considered under the H1 quota for 2010.
------------Employer can file COS from H4 to H1. she will not be counted under quota.
Appreciate any responses.

Thanks,
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ginnu said:
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Thank you for the answer. Could you please let me know how my wife's H4 can be converted to H1 , if she can find an employer willing to do this.
It would be great if you can let me know the steps involved.

Thanks once again
 
thash said:
My wife got her H1 in 2007 which is valid till Sep 2010.

But she reverted back to her H4 in Mar 2009.
---How did she revered back to H4? did she file H1 to H4 COS with USCIS and got COS approved Or she went out of US and entred on H4 status.
Now if she has to work again, can she file a change of status to go back to her original H1 which is valid till Sep 2010. Or will she have to file a fresh H1 and be considered under the H1 quota for 2010.

Appreciate any responses.

Thanks,
Click to expand...
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if she is on Valid H4 with valid H4 based I-94 then US employer can file her H4 to H1 Change of status. once COS is approved she can work on H1. She or you should contact the company lawyer who is filing H4 to H1 COS and Lawyer will provide the list of required document from employer and you wife. FYI at this time USCIS is rejecting many H1 filed by Consulting companies. Read the January 8 USCIS memo for H1.
 
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