H4 to H1 with out cap

[jonnasn]

I am on H1 and my wife was on H4 and got her H1 last year ans started working. Now she is planning to go to India for a visit next Feb.

As we all know, the risk involved in getting H1 stamped (esp when there is a change of status) for first time...we are weighing different options here.

Incase if her H1 stamping is rejected,

I believe I can file her H4 again and come back to US on her H4.
Now once she is back , can we apply for change of status back to H1 with her exisitng emplyer?
Or does she again has to under go regular H1 Cap quota in April?

THanks in Advance

[raghvi]

I am on H1 and my wife was on H4 and got her H1 last year ans started working. Now she is planning to go to India for a visit next Feb.

As we all know, the risk involved in getting H1 stamped (esp when there is a change of status) for first time...we are weighing different options here.

Incase if her H1 stamping is rejected,

I believe I can file her H4 again and come back to US on her H4.
Now once she is back , can we apply for change of status back to H1 with her exisitng emplyer?
Or does she again has to under go regular H1 Cap quota in April?

THanks in Advance

Technically her employer can apply for a COS from H4 to H1 for the same employer, but if visa is rejected the COS would most likely go through the same scrutiny.

This is my opinion not legal advice.