H4 to H1B Cap Exempt

Hi Folks ,

Spouse has H1B cap exempt that was used for 3 years 2017 to 2019 …He Moved back to india in 2019

He will get H4 visa in May 2022

He is currently working in India for an employer A and Employer A is willing to do h1B transfer visa as soon as he comes to USA .

Q1) how much Time is required to transfer from h4 to h1b cap exempt ? premium in 15 days ?

Q2) Should he ask employer A to file h1b cap exempt transfer while he is in india and he moves to usa on h1b instead of h4 ? will this be faster to start working

Yes, you can opt of PP and get approval in 15 working days.

If you do this, he will need to go for H1B visa stamping to enter on H1B status. Best is to do COS from H4 to H1B using PP.

Thanks for the response .

Wouldn’t h1b transfer be dropbox ? which is similar to h4 dropbox

Sure he will be eligible but remember it is at discretion of the consulate. That also means cancelling H4 appointment and booking H1B appointment.