Change of Status H4 to H1B

[abhya77]

Hi

My wife was employed before and was on H1B (non-profit), then that project finished and she moved to H4 with me as a dependent. Now, she is has a job offer and we have following questions:

Will it be considered as a change of status (from H4 to H1B)? or it will be new H1B applications?
When will she be able to start working? Will it fall into April-October cycle? If she wont be able to start untill October then what are other alternatives? She has a degree in US so will it help in getting the VISA done?
Will there be any problem due to profit and non-profit H1B?

Your help is appreciated

Thanks
Abhijit

[kabkaba]

Hi

My wife was employed before and was on H1B (non-profit), then that project finished and she moved to H4 with me as a dependent. Now, she is has a job offer and we have following questions:

Will it be considered as a change of status (from H4 to H1B)? or it will be new H1B applications?
No difference, petition can be filed with or without change of status. If approved with change of status, she has to work to maintain H1 status.
When will she be able to start working? Will it fall into April-October cycle? If she wont be able to start untill October then what are other alternatives? She has a degree in US so will it help in getting the VISA done?

She will be subject to cap, but the current year's cap is open and hence employer can request immediate start date.

Will there be any problem due to profit and non-profit H1B?
No
Your help is appreciated

Thanks
Abhijit

See above.