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H1b Stamped and Not Traveled; then H4 stamped and travelling ; H1b Cap-exempt valid?

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  • H1b Stamped and Not Traveled; then H4 stamped and travelling ; H1b Cap-exempt valid?

    Dear All,

    Background:
    I am in US on H1b.

    My wife got H1b stamped for a Company A, but did not travel to USA anytime as there were no projects available. H1b petition and Visa expiring in July 2016.
    Now Mar 2016, She is planning a child care break, so we plan to get her H4 stamped and travel to USA.


    Questions:
    1. In future(probably after 6 months), if she wants to work in USA, will she come under H1b Cap Exempt?
    2. We plan to approach Company A or any company, (after she is in USA), to find her a project and do a COS from H4 to H1b. Can this be done?

    We have a 2 yr old kid, my wife would like to continue her career, once she n kid are settled/comfortable in USA.
    Appreciate your response. Thanks for your time.


    Thanks & Regards
    Krishna

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