H1 Stamping, spouse H4 stamping who has expired unused H1B

[Sriharsha Hars]

Hi

Me and my spouse are in India currently.

I have a H1B petition approved and when i go for stamping, will apply for H4 for my spouse.

where in she has a H1B expired but unused, for which the petition is only 2 years old.

--> If my spouse gets H4 stamped, will her H1 be invalid.

--> Incase if we can convert H4 to H1, will she fall under cap-exempt.
--> If she got her h4 stamped, but if the current employer wants to extend the expired visa, will that be possible to do it from India, If YES what would be the process involved.

Thanks for your time.

[raghvi]

Hi

Me and my spouse are in India currently.

I have a H1B petition approved and when i go for stamping, will apply for H4 for my spouse.

where in she has a H1B expired but unused, for which the petition is only 2 years old.

--> If my spouse gets H4 stamped, will her H1 be invalid.

--> Incase if we can convert H4 to H1, will she fall under cap-exempt.
--> If she got her h4 stamped, but if the current employer wants to extend the expired visa, will that be possible to do it from India, If YES what would be the process involved.

Thanks for your time.

Once Cap Counted on H1 one can choose to be cap exempt for 6 Years, so her h1 petition would still be valid.
If her employer wants to extend the expired visa, your spouse would have to attend the new visa stamping with a new approved I797 the petition itself would be cap exempt.

This is my opinion not legal advice.

[Sriharsha Hars]

Once Cap Counted on H1 one can choose to be cap exempt for 6 Years, so her h1 petition would still be valid.
If her employer wants to extend the expired visa, your spouse would have to attend the new visa stamping with a new approved I797 the petition itself would be cap exempt.

This is my opinion not legal advice.

Thanks for your time and advice.