Conversion from H4 to H1

[sarvesh]

Hi ALL,
This question is for my wife.
Facts:
1) She was on H1B (expiring on Feb'09) till End of Jan'09
2) Since her employeer refused to extend her VISA; she changed her status to H4B i.e. dependant on my H1B.
3) She is planning to apply for her H1B again.

Question:

1) Will reapplication of her H1B be similar to new H1B?

2) Is there a seperate category for people returning to H1B?

3) Does her employeer she have to apply by start of April or can it be done any time during this year?

Thanks in advance.

[arajesh19]

Hi ALL,
This question is for my wife.
Facts:
1) She was on H1B (expiring on Feb'09) till End of Jan'09
2) Since her employeer refused to extend her VISA; she changed her status to H4B i.e. dependant on my H1B.
3) She is planning to apply for her H1B again.

Question:

1) Will reapplication of her H1B be similar to new H1B?

--- Her new employer will have to file a Change of Status from H4 to H1B. If your wife has completed 6 years on H1B already, then she has to wait for 1 year to apply for a fresh H1B which will be cap-subject. If she has not completed her 6 years, then her H1B visa will not be cap-subject and she can start working for her employer on getting her receipt number from the USCIS.

2) Is there a seperate category for people returning to H1B?

--- Your question is not clear.

3) Does her employeer she have to apply by start of April or can it be done any time during this year?

--- She will not be subject to a cap. Take your reference from Ans 1.

Thanks in advance.

Thanks
Rajesh

[txh1b]

--- Her new employer will have to file a Change of Status from H4 to H1B. If your wife has completed 6 years on H1B already, then she has to wait for 1 year to apply for a fresh H1B which will be cap-subject. If she has not completed her 6 years, then her H1B visa will not be cap-subject and she can start working for her employer on getting her receipt number from the USCIS.

H1b portability provisions do not apply for COS applicants. The applicant has to wait for approval for COS from any status to H1b before beginning employment.

For the 6 year rule, one has to stay outside US to be eligible for a new cap number.