H1 to H4 to H1 , Start date

[VKRAMESH]

Hi -
My wife was on H1B from Nov 2008 through March 2009. After which she converted to H4 visa ( visa stamped on passport ).

Now she is expecting to hear back on a job offer. Question:

1. Is she considered H1B quota exempt as she held H1 status in the last 6 years ?

2. If her H1B is filed by her employer would she have to wait until Oct 2010 to start or can she start immediately ?

Thanks
R

[shervin143]

1. Is she considered H1B quota exempt as she held H1 status in the last 6 years ?
>>> She can use the existing CAP provided the COS form H4 to H1B is filed under the same CAP (Possible by providing a copy of the previous approval notice or the receipt number from the previous approval notice when the H1B petition is filed by her employer).

2. If her H1B is filed by her employer would she have to wait until Oct 2010 to start or can she start immediately ?
>>> She doesn't have to wait until Oct 1st. However, she will need to wait until her H1B COS get approved. Normal process takes 2-3 months and premium takes 15 days to get a decision.

[VKRAMESH]

Another question

Thanks for your reply. I appreciate it ...

One question : Can she start working once she receives a acknowledgment for H4 to H1 COS or she needs to wait until its completely approved ?

[shervin143]

Her status need to be changed from H4 to H1B for her to start working. Her status will chnage to H1B only when USCIS approves her H1B petition.