H1 to H4 to H1 - FAQ does not answer my question - :confused:

[sarvesh]

The FAQ does not answer this thus posting.

My Wife was on H1B. Her employer denied to extend her VISA.

H1B petetion and VISA expired in Feb 2009. In the meanwhile she applied for COS from H1 to H4(dependant on me).

If she is able to find an employer who can file H1B for her; will her petition go through H1B cap or can the VISA be applied even after Oct of this year.

[OMM]

The FAQ does not answer this thus posting.

My Wife was on H1B. Her employer denied to extend her VISA.

H1B petetion and VISA expired in Feb 2009. In the meanwhile she applied for COS from H1 to H4(dependant on me).

If she is able to find an employer who can file H1B for her; will her petition go through H1B cap or can the VISA be applied even after Oct of this year.

-- as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2009. However, the time she spent on H4 is also used against her H1B time , since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well.
---- Omm..

[txh1b]

However, the time she spent on H4 is also used against her H1B time , since H1 and H4 are both H visas and everybody gets 6 years in total.

This is incorrect. H1 and H4 were decoupled couple of years back. Only H1 period counts towards 6 years.

I could get the answer from FAQ here: https://www.immihelp.com/h1b-visa-cap-faq/

[OMM]

This is incorrect. H1 and H4 were decoupled couple of years back. Only H1 period counts towards 6 years.

I could get the answer from FAQ here: https://www.immihelp.com/h1b-visa-cap-faq/

if she apply for H4 to H1 (first time) then it will count seperate 6years for her, but she already used H1B and applied for H4 so, in this case H1 visa duration will be counted which she already used, h4 stay is counted with her husbands dependent. I hope you clear it. ---- Omm

[txh1b]

You have been posting lot of incorrect info on the forum lately. If you don't know the info, refrain from posting or misguiding people.

Google for H1-H4 decoupling and you can find the changed law.

[OMM]

You have been posting lot of incorrect info on the forum lately. If you don't know the info, refrain from posting or misguiding people.

Google for H1-H4 decoupling and you can find the changed law.

-- ohh so you says that USCIS also not updated.. thats why I pasted link of USCIS too.

[winger]

To OMM:

You are wrong. Please get your facts right. Here is the right link to USCIS site - http://www.uscis.gov/files/pressrele...fAdm120506.pdf

[OMM]

To OMM:

You are wrong. Please get your facts right. Here is the right link to USCIS site - http://www.uscis.gov/files/pressrele...fAdm120506.pdf

-- thats general H4 rules you mentioned. you dont know more.
if person H4 convert into H1B for example: he/she stayed on h4 for 1year he/she convert it for H1B, after 4years stay on H1B if he/she convert into H4, after some 2years if he/she convert again H1B then USCIS is issued 6years for him/her? no way.... because he/she already used 4years on H1B. USCIS is only issued remaining 2years petition... if you dont trust try it...... I already tried for my H1B/H4 clients.. if you thinking is different. I have clients to do like this kind of work to stay in the USA.

[orion]

I already tried for my H1B/H4 clients.. if you thinking is different. I have clients to do like this kind of work to stay in the USA.

You have clients???

[OMM]

You have clients???

-- yes now I am not on H1B by this year.. we have own firm. I am on GC now since feb 2009, and my family have 4 jobs consultancy, I started my own too in CA & Texas, Canada too. we have 14 hired H1b holders working at client locations and some H1b holders take advice as client.

[txh1b]

I am about to pass out.

[orion]

This world is indeed a crazy place, never stops surprising me. Good for you omm!