H4 to H1 -- need suggestion

[ptnaidu]

Hi,

My wife is in India with H4 visa stamped. She had H1B from sept 2006 to sept 2009. But she did not travel to USA with that H1B. Now, we are planning to apply for H1B.
I have below questions, could you please clarify?

1. Can we renew her old H1B visa now?
2. Suppose if we renew based on old H1B, will H1B cap will apply?
3. Which one is the best? (applying for new fresh H1B (H4 to H1 conversion) OR Renew of old H1B?
4. Do we need to apply along with this year quota or can apply at any time?

Please, it is bit urgent as we need to plan for travel if we need to apply fresh H1B. Please help.

Thanks,
PTN

[ptnaidu]

Waiting for suggestion.

[ptnaidu]

Please HELP

[Nattybone]

Hi,

My wife is in India with H4 visa stamped. She had H1B from sept 2006 to sept 2009. But she did not travel to USA with that H1B. Now, we are planning to apply for H1B.
I have below questions, could you please clarify?

1. Can we renew her old H1B visa now?
2. Suppose if we renew based on old H1B, will H1B cap will apply?
3. Which one is the best? (applying for new fresh H1B (H4 to H1 conversion) OR Renew of old H1B?
4. Do we need to apply along with this year quota or can apply at any time?

Please, it is bit urgent as we need to plan for travel if we need to apply fresh H1B. Please help.

Thanks,
PTN

Hey, PTN.

H1B Visa, once issued, is valid for 6 years. If someone does not use it, they can revive the visa anytime in 6 years and they will be given a fresh timeline of 6 years starting from the date of revival.

However, in your wife's case, the 6 years seem to have got over. From what i understand, that visa is no longer valid.

From my understanding, you need to apply afresh for her H1B and the cap for this year will be applicable to her.

Hope this helps.

- Natalie

Personal Opinion. Please consult an Immigration Attorney for better clarity.

[Nattybone]

Hi PTN,

Will you please have your wife's case discussed with an attorney. She might not have to worry about fresh H1B cap.

Sorry if i confused you.

Best,
~Natalie