H1B Visa renwal- Currently on L2

USA H1B Visa
1

Hi,

My Wife is currently on L2 visa and working on EAD. I am on L1 and my H1 is approved. After october my wife’s EAD will become invalid as I move to H1.

My wife was in USA from October 2007 to October 2008 on H1. My question is - Can she renew her old H1 as its not 6 years yet since her H1 visa was approved. If yes then what are the documents needed for renewal? She does not have her old paystubs with her

Thanks in Advance.

Lalat

2

Yes, she is eligible for cap-exempt petition as her H-1 status was within last 6 years. She needs to find a new employer who can file a cap-exempt petition for her. She may be asked for old H-1 payslips as proof of maintaining previous H-1 status. She will also need current I-94, your I-94 and proof of maintaining L-1/2 status.