H1B to H4 to H1B again - process and issues

[pankajchawla11]

I am in US on H1B and my wife has H1B stamped but she never travelled to US and recently got her H1B stamped.

She is not getting any opportunity from her current employer and is she come to US on H4 visa, in that case what will be status of her H1B.

Will they reject her H1B?
If not, can she search a job while on H4 and get it converted to H1B again and start working.
If she can convert back to H1B, how much time this process takes?

If they Reject her H1B while stamping H4, how can she get H1B again and does she needs to go through whole H1B process again and cap.

Please anyone who has knowledge about it, calrify my doubts so we can take a call on transfer.

[shervin143]

When she appears for the H4 visa interview, her existing H1B visa may get cancelled. But the petition will remain valid. You cannot use one employer's petition to work for another employer. Once she enters U.S in H4 status, any employer can file a COS from H4 to H1B again using the CAP from her previous H1B approval notice and request an immediate start date. It takes 2-3 months to get a decision in normal process and 15 days by premium. She cannot work until the COS to H1B gets approved. If she leaves U.S and want to return back in H1B status, she should appear for the H1B visa interview again.

[pankajchawla11]

When she appears for the H4 visa interview, her existing H1B visa may get cancelled. But the petition will remain valid. You cannot use one employer's petition to work for another employer. Once she enters U.S in H4 status, any employer can file a COS from H4 to H1B again using the CAP from her previous H1B approval notice and request an immediate start date. It takes 2-3 months to get a decision in normal process and 15 days by premium. She cannot work until the COS to H1B gets approved. If she leaves U.S and want to return back in H1B status, she should appear for the H1B visa interview again.

Thanks Shervin for the information and Appreciate your knowledge on this.
Please also tell me.

1.What are approval chances for H4 to H1B COS. I mean are there chances of rejections also.?

2.Once she arrives in US on H4 status, can she still work for the previous employer if they offer a project then?
If yes, what will be the process to work for same employer and petition is also from same employer.

3.She was unfortunate to get petition and Visa validity of a year. Infact less than a year. Her visa is valid till Feb'13.
So new employer can ask for extension after COS or along with COS application?
some one was telling extension is not possible in case of transfer and only parent petitioner can apply for extension.?

[shervin143]

1.What are approval chances for H4 to H1B COS.
>>> No one can predict that. It depends on the documents that the employer submits. It is pretty much like filing a new H1B petition under and existing CAP.

I mean are there chances of rejections also.?
>>> Yes.

2.Once she arrives in US on H4 status, can she still work for the previous employer if they offer a project then?
>>> Yes. But not unless the COS gets approved. She cannot work while she is in H4 status or when the COS to H1B is pending.

If yes, what will be the process to work for same employer and petition is also from same employer.
>>> The employer will need to file a COS from H4 to H1B.

3.She was unfortunate to get petition and Visa validity of a year. Infact less than a year. Her visa is valid till Feb'13.
So new employer can ask for extension after COS or along with COS application?
>>> Yes.

some one was telling extension is not possible in case of transfer and only parent petitioner can apply for extension.?
>>> No. transfer will come with a new I-94 (call it extension or whatever) as per the project duration shown by the new employer. The employer can request up to a max of 3 years of petition and I-94 validity.