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H1B for my wife

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  • H1B for my wife

    Hi,
    Thanks for your support. Here are my case details. Your input will be very helpful.

    I am on H1B visa with approved I140 and continuing on H1B renewals. My wife is currently on H4 for past ~3 years. Before that, she worked for a company in US on H1B and finished up all 6 years of H1B. She moved to H4 status after finishing her 6 years of H1B. Most of the 3years on H4 were spent in US. She also has US University based Masters Degree. She now plans to go back to work after this 3 year break with both our kids old enough. Here are my questions:

    1) Is she eligible for a new H1B, if a company is willing to file a case for her, in this current state - I want to know if she really need to step out of US for 1 year for this eligibility. Does that 1 year period have to be continuous?
    2) Since she has a US University based Masters Degree - does she fall into the standard H1B bucket?

    Thanks for your support.
    Last edited by sheelvag; 04-24-2013, 12:31 AM. Reason: Mis-spelled key word in the title.

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