H4 - H1

S

skghosh

New Member
I have a question. My wife is currently on H4 and has got her H1 filed recently on 13th Feb (before the cap got over). She was previously on L1 before we got married. Her H1 has been filed through premium processing. I have a couple of questions that I'm seeking answers for
1. Is she subject to the cap?
2. Given that she got her H1 application filed before the cap got over, is she garanteed to get her H1 processed?

Any knowledgable response is truely appreciated.
 
Originally posted by skghosh
I have a question. My wife is currently on H4 and has got her H1 filed recently on 13th Feb (before the cap got over). She was previously on L1 before we got married. Her H1 has been filed through premium processing. I have a couple of questions that I'm seeking answers for

1. Is she subject to the cap?
++++++++++++Yes.

2. Given that she got her H1 application filed before the cap got over, is she garanteed to get her H1 processed?

+++++++++++Good chance that she will get a decision - approval or denial.

Any knowledgable response is truely appreciated.
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Re: Re: H4 - H1

Originally posted by operations
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Thanks for the prompt reply. I have few other questions and greatly appreciate any informative reply in this regard

1. What happens in case of denail, does the USCIS keep processing other cases till the quota gets over, or does it freeze/lock-in one quota for the application/case that got denied waiting to seek futhur documentation.

2. In case of approval, is the receipient of the H1-B visa need to immediately go to another country and re-enter the US after getting the visa stamped from an american consulate?

Thanks again..
 
Re: Re: Re: H4 - H1

Originally posted by skghosh
Thanks for the prompt reply. I have few other questions and greatly appreciate any informative reply in this regard

1. What happens in case of denial, does the USCIS keep processing other cases till the quota gets over, or does it freeze/lock-in one quota for the application/case that got denied waiting to seek futhur documentation.

+++++++++++++++So far, it is a mystery.

2. In case of approval, is the receipient of the H1-B visa need to immediately go to another country and re-enter the US after getting the visa stamped from an american consulate?

+++++++++++++Not if they have reecived a new I-94 (Adjustment of Status).

Thanks again..
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