Does H4 to H1b COS comes under CAP?

[rajagp]

Hi ,

I have a situation where I am working on H1B at US, My wife holds a H4 and is working in India. We decided to file for her H1B this year but we are late and H1B cap is reached.
I want to Know that can she come in US and apply for Change of status to H1B and will she be considered in 2013's CAP Count. Is there a way that she can work in US.


Regards,
Raja

[raghvi]

Hi ,

I have a situation where I am working on H1B at US, My wife holds a H4 and is working in India. We decided to file for her H1B this year but we are late and H1B cap is reached.
I want to Know that can she come in US and apply for Change of status to H1B and will she be considered in 2013's CAP Count. Is there a way that she can work in US.


Regards,
Raja

Yes. USCIS has stopped accepting new H1 for this year so if your spouse never had an H1 in past 6 years the only way she can come here in next 1.5 years and work would be on L1 if she is eligible for L1.

This is my opinion not legal advice.