H1 stamping of mine + H4 for my spouse who has unused expired H1 visa

USA H1B Visa
1

Hi

Me and my spouse are in India currently.

 

I have a H1B petition approved and when i go for stamping, will apply for H4 for my spouse.

 

where in she has a H1B expired but unused, for which the petition is only 2 years old.

 

--> If my spouse gets H4 stamped, will her H1 be invalid.

 

--> Incase if we can convert H4 to H1, will she fall under cap-exempt.

--> If she got her h4 stamped, but if the current employer wants to extend the expired visa, will that be possible to do it from India, If YES what would be the process involved.

 

Thanks for your time.
2

  1. Her H-1 petition will remain dormant. She can still move to H-1 status in future without going through the cap.

  2. Yes, she will be cap-exempt for 6 years from original H-1 approval date.

  3. The employer will have to file H-1 extension petition for her based on previous approval notice. She will then have to appear for H-1 visa stamping and then travel to US to work on H-1.

Another option is that she travels to US on H-4. Then the old employer or a new employer files for cap-exempt H-1 petition for her along w/ COS. She can start working on H-1 once COS and H-1 petition gets approved.