amitjadhav
New Member
Hello Rejeev,
My name is Amit and I have few questions for you regarding filing an H1 visa for my wife. I would really appreciate if you could provide me with some helpful answers:
1. My wife currently has a valid H1 visa which has been processed by her current company in India . Even though she has an H1-B she has never worked on that Visa here in USA . She also has a B1/B2 visa. The name of the petitioner for H1-b visa appears as her company name. Their company has a policy wherein if an employee leaves the company, one has to submit the original petition papers back to the company. In this case, if my wife re-applies for H1 in April, 2009 from a new employer then, will she fall under the quota and will her application again be a part of the lottery? Will USCIS check their past records and just approve her petition as it was already approved the previous year ?
2. If that is not the case, can she start working right away in the month of april or she has to wait until her new / same petition is approved for the new company?
3. Would like to mention that this time she would be transferred from H4 to H1-B again. That means, if she resigns sometime in Dec, she would have to come here on H4 first and then file for a fresh H1 application in April, 2009...will there be any problem with that?
4. Is there anyway she could get H1 transferred without having her original petition papers with her [as those would be surrendered to her company] ? Also in this case, she would be on H4, so is H4 to H1 possible using the same petition number?
5. Her first H1 was filed with her maiden name, now when she will come to US on H4, she will have to mention the name she got after marriage. With what name does she need to file the new application?
Kindly respond.
Thanks
Amit Jadhav
My name is Amit and I have few questions for you regarding filing an H1 visa for my wife. I would really appreciate if you could provide me with some helpful answers:
1. My wife currently has a valid H1 visa which has been processed by her current company in India . Even though she has an H1-B she has never worked on that Visa here in USA . She also has a B1/B2 visa. The name of the petitioner for H1-b visa appears as her company name. Their company has a policy wherein if an employee leaves the company, one has to submit the original petition papers back to the company. In this case, if my wife re-applies for H1 in April, 2009 from a new employer then, will she fall under the quota and will her application again be a part of the lottery? Will USCIS check their past records and just approve her petition as it was already approved the previous year ?
2. If that is not the case, can she start working right away in the month of april or she has to wait until her new / same petition is approved for the new company?
3. Would like to mention that this time she would be transferred from H4 to H1-B again. That means, if she resigns sometime in Dec, she would have to come here on H4 first and then file for a fresh H1 application in April, 2009...will there be any problem with that?
4. Is there anyway she could get H1 transferred without having her original petition papers with her [as those would be surrendered to her company] ? Also in this case, she would be on H4, so is H4 to H1 possible using the same petition number?
5. Her first H1 was filed with her maiden name, now when she will come to US on H4, she will have to mention the name she got after marriage. With what name does she need to file the new application?
Kindly respond.
Thanks
Amit Jadhav