Transfer of software H1B to fashion design -H1B

[adapa]

My wife (currently on H4) has an H1B counted against 2008 FY quota. But due to the economy all these days, she is still on H4 and never converted to H1B status and the sponsoring company (company A) of her H1B visa cancelled her H1B as she did not convert. During these years she went to school (not on F1 visa) and completed her degree in fashion designing. She now has an offer by a fashion design company (company B) and they are ready to sponsor her a new H1B. My questions are,

1. As she was counted against 2008 FY quota for H1B visa, if company B applies for H1B in Fashion Designing, would the new application is considered against this year's H1B quota?

2. Or can her old H1B (software) be transferred to new H1B (Fashion Design)?

3. What are the chances of her getting H1B visa approved in Fashion Designing, provided the fact that she was approved on software H1B in earlier years?

4. Even if her Fashion Design H1B is approved, what are her chances of getting H1B visa from India (given the fact that Fashion Designing field is one of the rare fields for H1B from India).


Thanks a bunch for your time and advice,
Best regards,
Adapa

 

[ginnu]

My wife (currently on H4) has an H1B counted against 2008 FY quota. But due to the economy all these days, she is still on H4 and never converted to H1B status and the sponsoring company (company A) of her H1B visa canceled her H1B as she did not convert. During these years she went to school (not on F1 visa) and completed her degree in fashion designing. She now has an offer by a fashion design company (company B) and they are ready to sponsor her a new H1B. My questions are,

1. As she was counted against 2008 FY quota for H1B visa, if company B applies for H1B in Fashion Designing, would the new application is considered against this year's H1B quota?
------She will be Cap exempt if H1 for her was approved in last 6 years
2. Or can her old H1B (software) be transferred to new H1B (Fashion Design)?
------------No, for H1 transfer one need to be on Valid H1 status and with pay stubs
3. What are the chances of her getting H1B visa approved in Fashion Designing, provided the fact that she was approved on software H1B in earlier years?
------------------ask the lawyer who is going to file her H4 to H1 Change of status
4. Even if her Fashion Design H1B is approved, what are her chances of getting H1B visa from India (given the fact that Fashion Designing field is one of the rare fields for H1B from India).
----- It depends on US consulate officer and he has to follow the law.

Thanks a bunch for your time and advice,
Best regards,
Adapa

---------------

 

[Stanley Hermosillo]

As the above poster so responsibly points out in their signature, they are not an attorney and lack any legal education. Therefore any advice that you get here should ultimately be checked with a real attorney. While they clearly have your best interests in mind, I would still suggest you check with an attorney and get the facts straight. The money you may pay to have these short questions answered will almost certainly be more than worth it.

 

[adapa]

Thank you Ginnu and Horace Jones for your valuable replies...

 

[crossdelena]

Hello Adapa,

Can you please let me know if your wife was successful to get her H1B visa as a Fashion Designer?

I am curious to know whether Fashion Designing is a valid profession for H1B visa applicants. Thanks.

- Cross

 

[ginnu]

As the above poster so responsibly points out in their signature, they are not an attorney and lack any legal education. Therefore any advice that you get here should ultimately be checked with a real attorney. While they clearly have your best interests in mind, I would still suggest you check with an attorney and get the facts straight. The money you may pay to have these short questions answered will almost certainly be more than worth it.

FYI many attorney just know how to fill up the forms and get the fees and sometime provide wrong info and all immigration Attorneys are NOT knowledgeable and don’t have update of USCIS latest Memo/rules/laws. One should go knowledgeable to attorney.