Question on H-1B Transfer and Cap-Exempt Eligibility

[Khaja433 0]

I have a question regarding my wife’s H-1B.

She has an approved H-1B petition valid until 09/2027, and her H-1B visa stamping was completed in 01/2025, but she has never used or activated it. Her current employer is taking some time to start her employment, so she is planning to come to the U.S. on H-4, since I am on H-1B.

Later, once she finds a new employer, we want to change her status from H-4 to H-1B. My questions are:

1. Will she still be considered cap-exempt for a new H-1B with a different employer?

2. Does the fact that she never activated her H-1B affect her cap-exempt eligibility?

3. Are there any risks or common RFEs we should know about in such cases?

[Boiler 48,318]

If it is a cap exempt employer

 

No

 

Does she have a H4?

[Khaja433 0]

Right now, she does not have an H-4 visa but is planning to get one.
So, you mean to say that she will not be able to transfer her H-1B visa to a new employer(Non-Cap exempt).
 

Edited 7 hours ago by Khaja433

[Boiler 48,318]

Did she go through the lottery?

[Khaja433 0]

Yes , She has gone through lottery in 2024 and her petition approved on Dec 2024. 
Her visa stamping has also completed.