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Miscellaneous questions about H-1B Change of Status
I am in US on H1b and my husband is in india. He is also holding an H1b and wants to come here.
Following are my questions:
1. Spoke to many consultant and they told that transfering H1b from India is diffcult. Can you please tell me, if we can get it transfered to an US employer from india?
-- Your husband is no longer subject to the CAP. He should identify an employer who would be willing to process an H-1B for him based on immediate employment.
2. If my husband resigns his company, which filed his H1b from india. They will revoke it and then if we try to file an new H1b from an consultant. Will he still be applicable for Quota/Lottery system or he will be cap-exempt as he was already considered once.
-- As stated earlier, your husband is not subject to the CAP.
3. How long does it take for a company to revoke the H1b?
-- The Employer could notify the USCIS to have an H-1B revoked immediately upon termination of employment. However, the process takes approximately 4 to 6 weeks.
4. How long does it take to transfer H4 to H1b?
-- That process could be done in 4 to 6 weeks if using premium processing. This takes into account time taken to process and have an LCA certified and processing including having the petition paperwork executed by the Employer.
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