Pradosh Mohapatra wrote:
>
> She was on an H1 till 2001 when she got laid off. Since then she has been
> on H4. Now, she wants to find a job and get back on H1. The issue is
> that her husband's H1 expires in 4-5 months. He has applied for green
> card through his company; so her H4 can get extended each year owing to
> the GC application as long as she stays on H4.
>
> What are her options for getting an H1?
>
> [1] She can not apply for a H1 staying here because there are only
> 4-5 months left with the current visa (her husband's H1).
Correct in effect.
> [2] If she stays out of the country for a year (while her husband
> stays back) and starts an H1 application, does that mean she goes
> out of the current H4 status?
She goes out of status when she leaves the US. She gets back into
status
when she legally re-enters the US. The status she gets then depends on
the visa she uses to re-enter.
> If she wants to come here in the interim while the H1 application
> is in process, can she do it? meaning can she come in through
> H4?
Yes, she can re-enter as an H-4 as long as she has a current H-4 visa.
I don't know off-hand what that would do to the 'year away' clock for
her
to subsequently get an H-1B, but it would impact it somehow.
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