Question My Wife who was a F1 Student applied for a H1 after her graduation and got it approved which was effective from OCT-2008. She has been working since and lost her job in Feb-2009. The employer is willing to pay for 2 months of salary while on bench and is recommending to apply for H4 using my current H1 until she finds a job again. He is saying that we can reapply for H1 if she finds a job again. Is this true? will she be subjected to a H1 Cap again. will she need a full application like she did the last time with all Fees and everything for the next time she applies for a H1. and if she is not subjected to Cap the next time she applies for H1 will they give her instant approval or can she start working as soon as the employer applies for a H1 or will she have to wait for the October again for that year.
Since your wife's employment is terminated, an application to change her status to H4 should be filed as soon as possible. It is fortunate that you are on H1B status and that your wife is therefore eligible to change her status to H4.
A new H1B petition can be filed for her in the future, and she will not be subject to the visa cap again for the next six years. The start date on the new petition (full filing fees will apply; there is no reduction in the filing fees) will be immediate, but she must wait for the H1B petition to be approved.
I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Organizations American Immigration Lawyers Association (AILA) full member since 1995.
Education/Credentials Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.