H4 to H1 to H4 to H1: Do we have to wait for new quota to begin or can she apply now?

R

rsk2007

New Member
Hi all,

My wife came to US on H4 visa and was in H4 status for 4 years.
She then converted to H1 status and stayed in H1 for 2 years.
My wife's H1 was expired in recently.
After her stay in US in H status completed 6 years (4 years on H4 and 2 years on H1) she applied for H4 using my H1.

Since the new Decoupling memo came into effect, she can utilize the 4 years of remaing H1 period.

But can she apply for H1 now or does she have to wait for next year's quota?

THanks in Advance
 
The decoupling rule is new and there are not much information based on experience. You should ask lawyer especially when she has already exhausted 6 year with H1+H4.
As far as I read the memo, there is no reason to belive she cannot get H1 w/o quota, but again it depends on CIS's interpretation.
Talk to lawyer.
 
She can apply her H1 at any time without waiting for any quota.



rsk2007 said:
Hi all,

My wife came to US on H4 visa and was in H4 status for 4 years.
She then converted to H1 status and stayed in H1 for 2 years.
My wife's H1 was expired in recently.
After her stay in US in H status completed 6 years (4 years on H4 and 2 years on H1) she applied for H4 using my H1.

Since the new Decoupling memo came into effect, she can utilize the 4 years of remaing H1 period.

But can she apply for H1 now or does she have to wait for next year's quota?

THanks in Advance
Click to expand...
 
Thank you GotPR and great_guru for your posts.

As per my attorney also she can apply for H1 without waiting for the next quota.

Thanks again.
 
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