H4-h1-h4-h1

[Tulsa]

What is the name of your state?What is the name of your state? Tx

This is a rehash of an earlier post and I apologize if it appears I am asking the same question I have asked before...

My wife initially came to the US as a dependent to my H-1B in Feb 2001. She then obtained her own H-1B in August 2001.
This was then changed to an H-4 when she gave birth to our son in October 2002.
She now intends/hopes to take up a new position under H-1 status.

We have conflicting information as to whether she is bound by the H1 cap as she has held her own H-1 within the last 6 years.

1 attorney has said this means she can re-apply straight away (And I assume begin working in v.short time if premium processing is paid for)...
Another has said that she will need to start from square 1 again, whihc based in the cap being filled for 2005 means application in October next year at earliest....

What is the truth ? And is there anything from the INS to support / deny these options ?

Thanks in advance..... This forum is superb.

 

[rational_guy]

My wife is in a similar scenario would appreciate your feeback

Hi,

My wife happens to be in the same scenario, I would be pleased to have your feeback on the subject.

Thanks,

 

[ImmigAttyLana]

If your wife has already held H-1B status within the past 6 years, she would have been counted against the cap and thus would not be subject to the cap again now, were she to be offered a position and needed to change status to H-1B.
Please let me know if you have any additional questions or need further assistnace with this matter.

 

[rational_guy]

Lana,

Thank you for the valuable information and prompt response, it pretty much answers my concern .

Thanks

 

[amuth]

State - Orange County,CA

Hi Lana,
I'm in a similar situation, there are some prospective job opportunities. I would be pleased to know if you could kindly help me with the visa process, if so how much would it cost?

Thanks,
Anita
[email protected]