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H1 to H4 To H1 transfer -Urgent

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  • H1 to H4 To H1 transfer -Urgent

    Hi, I am currently in India and have Valid H1 B with employer A. My husband is in US and I intend to Travel soon.

    I have 3 options:
    1. I get my H4 from husband's company and travel to US and then find an employer B and get H1 with Employer B.

    2.I travel with H1 from Employer A convert to H4 and once I get Employer B file for H1 again.

    3.I travel with H1 from Employer A and if I get Employer B file for H1 transfer.

    My question is as below:
    In all 3 cases which is preferable and will my new H1 be filed out of cap.Will I have to return back to India for stamping before I join B.

  • #2
    All three are feasible. New H1 petition will exempt from cap.
    For options 2 and 3, you must be working for A while in the US, until change of status or transfer gets filed.
    For options 1 and 2 you cannot begin working for B until B's petition gets approved.
    Last edited by kabkaba; 12-05-2013, 09:03 AM.
    This is my opinion and not legal advice.

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    • #3
      Also, for option 2 and 3 how long you would be working for employer A before initiating a transfer to B? In my opinion at least 2-3 Pay cycles should ease the transfer otherwise may raise RFE.

      This is my opinion not legal advice.

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      • #4
        thanks a lot for your quick answers.
        I have 2 more question..
        Once a person has H1 B is her visa always exempt from cap next time around? regardless of whether it goes from H1 to H4 back again or H1 transfers?
        Will I have to return back to India for stamping before I join B in any of these cases?
        Last edited by SNAmb; 12-05-2013, 10:23 PM.

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        • #5
          You will be cap-exempt until you spend 6 years in the US in H1 status.
          This is my opinion and not legal advice.

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