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the1

H1B more than 6yrs - to H4 - to H1B

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My wife is on H1B(7th year)  and she got extension based on approved I-140.can you please clarify below questions

  • If she change to H4 status, later if she wants to change to H1B, does she need to go through H1B lottery  or it is treated as CAP exemption.
  • In any way will it affect approved I-140. can she apply for GC when priority date becomes current while on H4 status? or does she needs to be on H1B status to apply for GC.
  • on H1B can a person be on maternity leave for more than 6 months.

 

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15 hours ago, the1 said:

My wife is on H1B(7th year)  and she got extension based on approved I-140.can you please clarify below questions

  • If she change to H4 status, later if she wants to change to H1B, does she need to go through H1B lottery  or it is treated as CAP exemption.
  • In any way will it affect approved I-140. can she apply for GC when priority date becomes current while on H4 status? or does she needs to be on H1B status to apply for GC.
  • on H1B can a person be on maternity leave for more than 6 months.

 

She will be cap exempt. No need of lottery.

No effect. But she just needs to be back on H-1 to apply for GC.

Can be. But employer needs to confirm that.

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