Has approved H1B petition.. travelling to US on H4. Can I transfer to H1 once in USA?

[Sendeep]

Hi Experts,

Please help me out. Both myself and my wife has approved H1B petition and we work for the same company. However I have recently got my visa stamped and would be travelling End October, 2013. However my wife has not been able to get the Visa stamped and so far we have not been able to find any client with whom she can process her visa. She is planning to resign and travel with me on H4. Our questions are as follows

1. If She travels on H4 as my depndent, can she transfer this approved petition once in US if we can find a suitable sponsor for her or would the H1 petition get null and void? If she can then would she be considered as cap exempt for the transfer?

Please help us out.

Thanks and Regards,

Joydeep

[raghvi]

Hi Experts,

Please help me out. Both myself and my wife has approved H1B petition and we work for the same company. However I have recently got my visa stamped and would be travelling End October, 2013. However my wife has not been able to get the Visa stamped and so far we have not been able to find any client with whom she can process her visa. She is planning to resign and travel with me on H4. Our questions are as follows

1. If She travels on H4 as my depndent, can she transfer this approved petition once in US if we can find a suitable sponsor for her or would the H1 petition get null and void? If she can then would she be considered as cap exempt for the transfer?

Please help us out.

Thanks and Regards,

Joydeep

Yes. She can use the approved petition to go cap exempt. Once in US if she gets a valid sponsor they can file a H4 to H1.

Do remember, when one is on H1 one should always get paid in order to maintain valid status.

This is my opinion not legal advice.

[kabkaba]

To claim cap-exemption she should have at least the petition receipt number and preferably a copy of the receipt or approval notice.