H1 (> 6yr) to H4 and then back to H1


aksaks

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Hi,

I have been on H1 for a decade now (with an approved I140 for 4 yrs). I need to take care of some personal stuff which will require me to shift to H4 (using my spouse's H1). After a few months I would like to get back to work, so if I find a job after few months (of being in H4), will I be allowed to apply for a new H1 based on the fact that at one time I had an approved I140. The soon to be ex-employer may or may not withdraw my I140, can't be sure. AC21 has removed the impact of ex-employer withdrawing I140 ( Page 3/95 of AC21). Will I lose my priority date? Will I get 3 yr H1? Will I have to leave the country and get a H1 stamp to come back before I start working? Will my H1 be counted against the cap?

Thanks.

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