Procedure for converting a L2 visa to a H1B, USCIS, immigration adjustment procedure

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I'm in L1 visa and my wife is in L2 visa through employer A. My wife was working for a company B and got a H1B stamped through company B. later she quit the company and that company B cancelled her H1B. Now my wife is in L2 visa and we are in USA? My question is: 1. Can I apply for H1B for my wife through any other employer and get her cancelled H1B? 2. If yes, how long it takes?

Attorney Answer

1
Robert Webber ·
If your wife was in H-1B visa status within the last six years and has not left the US for more than 365 days, then she should be able to qualify for H-1B employment at a new employer and not/not be subject to the H-1B cap; but she will need to document her prior H-1B status. She would normally document her prior H-1B status by showing a copy of the prior H-1B petition approval (Form I-797), H-1B travel visa (if any), and pay stubs and W-2s from employment with the prior H-1B employer. The new H-1B employer's lawyer can advise on what documentation is necessary to show H-1B cap exemption now.
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