Please guide me on transfer from H1B to H4

[Chandu]

Hi Shah,

I am working on H1B, my wife's company initiated H1B for her and got it approved & Stamped in India. currently she was in India. she haven't came to US on that visa. Now they are not showing any opportunities to her.
I am planning to apply H4 for her. Here my questions are

1. If I apply H4, what about the current H1B ? Is USCIS cancel the
current H1B ? Is there any complications from USCIS
2. If she came on H4 here, is it possible to transfer her H1.
3. If transfer is not possible, If any company files H1B , do they need to wait for cap or can they file any time ?

Please guide me, I am in confusing state

Thanks,
Chandu.

[shah]

Hi Shah,

I am working on H1B, my wife's company initiated H1B for her and got it approved & Stamped in India. currently she was in India. she haven't came to US on that visa. Now they are not showing any opportunities to her.
I am planning to apply H4 for her. Here my questions are

1. If I apply H4, what about the current H1B ? Is USCIS cancel the
current H1B ? Is there any complications from USCIS
2. If she came on H4 here, is it possible to transfer her H1.
3. If transfer is not possible, If any company files H1B , do they need to wait for cap or can they file any time ?

Please guide me, I am in confusing state

Thanks,
Chandu.

To reply

1. The current H1B - quota is already there. Therefore next time she will be cap exempt when she files for a transfer.
2. Yes she can actually change from H4 to H1 in the US
3. No she will just have just to wait for the approval.

As for the complications, they might double check the genuineness of the H1B.

Call us at 510 742 5887 we can give you a better advice how to proceed.

[Chandu]

Thanks A lot ..

To reply

1. The current H1B - quota is already there. Therefore next time she will be cap exempt when she files for a transfer.
2. Yes she can actually change from H4 to H1 in the US
3. No she will just have just to wait for the approval.

As for the complications, they might double check the genuineness of the H1B.

Call us at 510 742 5887 we can give you a better advice how to proceed.

Thanks a lot for prompt response.

Is it possible to transfer her H1B from India itself. If possible, does she needs to appear for stamping again.

Please let me, what is the best time to reach you.

Thanks,
Chandu.

[shah]

If you mean transferring from H1B to another H1B, yes. If H4, just go and get a stamp.
But it has to be done properly. Let us know if you know if you need help

[Chandu]

Thanks Shah. I will give your number to my wife. she will give you the call. what is the best time to reach you.

Once again Thanks a lot.

[shah]

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