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HiB visa transfer or renewal

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  • HiB visa transfer or renewal

    Hi,

    My fiancee works for a MNC in India. The company sponsored her H1B visa with a validity from Sep, 2007 to Sep, 2010. She had stayed in US from Mar, 2008 to Apr, 2010. She had not applied for extension before her return to India in April 2010. Now, after getting married she is planning to enter US as my dependent (J2 visa) as I am in J1 visa with Home Residency Requirement(HRR). My question is will she be able to convert her J2 visa to her old H1B once I get the waiver for HRR? In other words, is there a time limit within which H1B visa has to be renewed or transferred to keep it valid or it could be done any time?

    Thanks.
    Jai

  • #2
    There is no time limit. A new employer should be able to file her cap-exempt petition anytime and change status from J2 to H1 by showing her old petition receipt or approval notice.
    This is my opinion and not legal advice.

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