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  • Information Needed

    Hi,

    My wife is presently working for an IT company in India.She has a valid h1 visa and stamping till 2010 to come here.Unless the company gets a project she can't be sent here and because of the economy and job market her company is not getting any new projects related to her domain, so she has been held up there disappointed as we just got married 3 months back.Mean while a U.S.consulting firm has given a job offer to her,related to that I have few questions.
    1.when the new company applies for h1 transver and the transver is in process,can she travel here from India on her existing company visa.
    2.she can also come here on H4,but I was thinking validity of H1 will be gone because of change in status.keeping in mind of h1 crunch and lottery,I thought of not losing H1,so are there any other options ?

  • #2
    Read the FAQs. She should not use the current company H1b to enter unless she plans on working for them.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      AFAIK once you go through the lottery you don't have to go through it again.
      This is my opinion and not legal advice.

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      • #4
        1) She will need to wait till the transfer is approved and she gets the new approval notice. She can use the unexpired visa from previous employer.

        2) Change of status to H1 from H4 will work fine as your wife has been cap counted and has H1 time left.

        Like txh1b said read the FAQs.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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