H1 (>6yrs) to H4 and then to H1

[aksaks]

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.

[rohang]

make sure to have your I140 copy with you.

1) you will not loose your PD, but new employer will have to start GC process, starting from PERM. You will be able to retain PD at time of I140.

2) You are eligible for 3 yr H1b, but no one an predict how much you will get, it will depend on merit of your application.

3) You will have to apply for H4-H1b (COS), it will be cap-exempt. Once approved, you will be able to start working. You cannot start working on basis of receipt.