Can the H1B be renewed without going through lottery?

I am F1 student. My wife has an H1B (and all other documents- I797 and I94) which has expired in October 2015 and no extension is applied, still. She has been in US for a period of 6 months, three years ago. She also left company A who sponsored her H1B and now employed with company B in India. In those days, 2012, there was no lottery system, but she got her H1B Visa from 2013 to Oct 2015.

She is currently in India and I want her to be in US again.

Question 1: Is it possible to renew her H1B, sponsored by company A with some Company C in USA?

Question 2: Does she have to go through the lottery system again?

Question 3: If answer to Question 1 is YES and 2 is NO, then what all are the documents required to renew the H1B by company C?

Question 4: How easy is it to convert F2 into H1B, if I get her here as my dependent and if above options are not possible?

1 Like
  1. Yes

  2. No

  3. From old employer she would need copy of the approval notice, payslips for the period she was in US on H-1 and W-2 for that year(s).

  4. She will have to apply for COS. When entering US on H-1, she will have to get H-1 petition approved + H-1 stamping (backlogged these days in India). When entering US on F-2, she will have to get H-1 petition approved + F-2 visa stamping (not as backlogged as H-1) + COS approval from F-2 to H-1 (you have the option of file H-1 petition and COS together once she has entered US).