H1B Visa ( got for only one year)

[reachJK]

Hello,

My wife is here on H4 Visa. Last year we applied for H1B through one consultant and She got her H1 for only one year i.e.. from oct 2009 to Sep 2010. not sure why ?

As per Employer He applied for fresh H1 not for change of status.

1)Now my Question is what is her status. H1 or H4?

We had our first kid on October last week . due to this she was unable to start job search but willing to do now.

2) Do she need to go back to India for stamping before her job search?or is there any other way?


3) I work for an indian company and my employer asked me to come back to India may be in another 2 months I will be return. In this case what will Happen to Her H1 if she is unable to find her job by that time?


4) What will happen to her H1 if in case she is unable to find any job before it expires (Oct 20210) ?

Till last week I never bothered about all of this , But sudden everything got tense.

Thanks In Advance.

J

[shervin143]

Answers below.

Hello,

My wife is here on H4 Visa. Last year we applied for H1B through one consultant and She got her H1 for only one year i.e.. from oct 2009 to Sep 2010. not sure why ?

As per Employer He applied for fresh H1 not for change of status.

1)Now my Question is what is her status. H1 or H4?

>>> If it is a COS, then she is in H1B. If it is not a COS, then she is in H4.

We had our first kid on October last week . due to this she was unable to start job search but willing to do now.

2) Do she need to go back to India for stamping before her job search?or is there any other way?

>>> You can search for job when you are in H4. In order to work in H1B, you get to get the status changed to H1B by getting the visa stamped and re-entering U.S in H1B visa or by applying an H1B amendment to change the status to H1B.

3) I work for an indian company and my employer asked me to come back to India may be in another 2 months I will be return. In this case what will Happen to Her H1 if she is unable to find her job by that time?

>>> The petition remains valid until the petition expiry date.

4) What will happen to her H1 if in case she is unable to find any job before it expires (Oct 20210) ?

>>> It expires.

Till last week I never bothered about all of this , But sudden everything got tense.

Thanks In Advance.

J

[reachJK]

Thanks Shervin