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Whether My wife is H1 cap exempt?

Immigration 3 views 4 answers
My wife utilized 3 years of H1 visa and then just after she applied for extension, she also filed for H1 to H4 COS. We don't know what happened to H1 extension, because my wife left the employer as soon as she filed COS. ( this happened 3 years back) Now, my question is whether my wife can apply COS H4 to H1 now in cap exempt? Thanks in advance !!

Attorney Answers

4
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, your wife is definitely "cap exempt" under the circumstances you describe, i.e. she was first admitted to H-1B status only 3 years or so ago, and "activated" her H-1B status by having actually worked for the petitioning H-1B employer. (What later happened to the extension does not matter..)
0 upvotes
Tripti Sharma ·
Yes, she can claim the balance 3 years left on H-1B.
0 upvotes
Anu Gupta ·
Yes she can file for a change of status. She only used 3 years of her H1, legally changed status to H4. Since H1 and H4 times are not counted together, she still has another 3 years left on her H1.
0 upvotes

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