User K Posted January 29, 2019 Report Share Posted January 29, 2019 My Husband is on H1B Visa currently and his visa is going to expire in March (6 years on H1b). I am also on H1b visa and He can change is status on H4. Will he eligible to apply for fresh H1b next year(2020) being in US for a 1 year on H4?. Meaning can he complete his H1b cooling period being in US on H4 or H4-EAD? or He has to be outside of US for a year to apply for H1b again in 2020? Link to comment
JoeF Posted January 29, 2019 Report Share Posted January 29, 2019 For the H1 clock to reset, he absolutely has to be abroad for at least a year before a new H1 petition can be FILED. Being in the US in another status does not work. Link to comment
gopalakrishnach Posted January 30, 2019 Report Share Posted January 30, 2019 I feel he must be outside of US...I amy be wrong. Just my opinion... Link to comment
Provence Posted January 30, 2019 Report Share Posted January 30, 2019 There is no "feel". Under the scenario, cooling off must be outside the US, period. H1Bs are short term visas, not to be used to stay as long as someone likes. Link to comment
shekar11# Posted January 31, 2019 Report Share Posted January 31, 2019 On 1/29/2019 at 3:43 PM, User K said: My Husband is on H1B Visa currently and his visa is going to expire in March (6 years on H1b). I am also on H1b visa and He can change is status on H4. Will he eligible to apply for fresh H1b next year(2020) being in US for a 1 year on H4?. Meaning can he complete his H1b cooling period being in US on H4 or H4-EAD? or He has to be outside of US for a year to apply for H1b again in 2020? Need to be outside the country for 1 year. Link to comment
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