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H1 to H4 to H1

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I am currently in 8th year of my H1-B and has approved I-140 with employer A.  I recently had baby and thinking of moving to H4 by taking break for 1 year.

1. After 1 year can I get back to H1-B with new employer B?

2. Will I become Cap-exempt H1-B for new employer B?

3. Do I have to leave the USA and stay in India for 1 year and come back to USA by applying H1-B again?

4. What will happen to my I-140 with employer A?

Please let me know.



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I assume you want to move to H4 status from based on your husband h1 status right? If true, then

1) Yes

2) Yes - cap exempt 

2) No need to leave USA. you can apply cos to h1 while staying in usa

4) Are you planning to work for employer A after 1 year. If yes, tell them your plans and request not to revoke I140.  


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