H1B 6 Years maxed

[ramya_ramya]

Hi ,

I have used 6 years on H1B and currently working on H4 EAD. Do I have any option to switch back to H1B from US again(without travelling to India).

Also Can we intiate GC for H4 EAD ? If I140 gets approved , Can I switch back from H4 EAD to H1B?

 

 

[pontevecchio]

The GC will be filed by an employer for you, not the H4EAD which is irrelevant to filing a Green Card for you. You should be able to get H1 extensions based on an approved I-140.

[JoeF]

To get a new H1, you have to be abroad for at least a year.

A GC is independent of your current status. If an I-140 is approved, you can extend the H1 past 6 years.

 

[ramya_ramya]

Thanks a lot for reply. Consider my  employer sponsors my GC and   I140 gets approved.

Will I be eligible to extend H1B  even after exhausting 6 years? Does it require any fresh H1B approval  or if  simple H1B  extension for 3 years  ?

Waiting for your reply! Thanks!

[ramya_ramya]

Can anyone reply to the above question. That would  provide me the clarity for my future. Thanks!

[JoeF]

It would be an H1 extension. In my original answer I said on purpose "you can extend the H1"...

The law says that you can get a cap-exempt H1 if an I-140 is approved and you had an H1 before, even if you currently aren't in H1 status. Well, it doesn't say the last part explicitly, but the way it it formulated it means that.

[ramya_ramya]

Thanks a lot for quick reply and clarification!