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:
Will she still be considered cap-exempt for a new H-1B with a different employer?
Does the fact that she never activated her H-1B affect her cap-exempt eligibility?
Are there any risks or common RFEs we should know about in such cases?
