Change of Status from H4 to H1

[immigrant2011]

Hi Experts,

My wife is planning to get back to work. We had her previous H1B valid from 10/01/2007 till 09/23/2010. We filed for her change of status from H1B to H4 effective 09/29/2010. She is on H4 ever since then.

Experts please tell us how long would it take for her to come back on H1B? We assume that she should be cap expempt and should be able to start working once she has project.

Thanks in advance for your quick help with this.

[raghvi]

Hi Experts,

My wife is planning to get back to work. We had her previous H1B valid from 10/01/2007 till 09/23/2010. We filed for her change of status from H1B to H4 effective 09/29/2010. She is on H4 ever since then.

Experts please tell us how long would it take for her to come back on H1B? We assume that she should be cap expempt and should be able to start working once she has project.

Thanks in advance for your quick help with this.

She can't work till an employer has work for her and yes she would be cap exempt. Advisable to join work only after getting COS approval.

This is my opinion not legal advice.

[immigrant2011]

She can't work till an employer has work for her and yes she would be cap exempt. Advisable to join work only after getting COS approval.

This is my opinion not legal advice.

Thanks Raghvi.my only concern was cap. i was sure that she is cap exempt as she didn't completed her 6 years on H1. But somebody told me she would not be exempt. thanks again.