If my wife is currently on an H1b visa but her job ended and she transfers to H4 and then finds another job, can she move back to an H1 without being subject to the numerical cap or visa lottery?

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If my wife is currently on an H1b visa but her job ended and she transfers to H4 and then finds another job, can she move back to an H1 without being subject to the numerical cap or visa lottery?

She’s going through an extension and is at the end of her 3-year period Unfortunately the project ended while her H1B application is still under review. Her contractor has advised her to transfer to H4 since she has been on the bench for more than a month now.

Asked on May 27, 2015 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if she finds a job and that employer files a H-1B on her behalf, it will not be subject to the cap.  However, she will need to wait for the approval before being able to start that employment; she will not be able to start just on the basis of the receipt notice.


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