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ImmigrationNewbie

H1B to H4 to H1B again with 6 years on H1 and I140 approved and

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Hello,

My husband has been on H1b Visa for around 6 years now and his I-140 is approved 3 years ago.

He switched to a new small company 6 months ago and the company has now asked him to find different option as they are going through budget issues. We hope he has around 3-4 months of time to find a new job but if anything suitable does not work out, we are thinking of an option for him to go on H4 visa.

Once he converts to H4, will he have to go through H1b lottery again in order to go back on H1 or to join a company?

Thanks in Advance!

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If I’m correct after he completes 7 years in the country he cannot go back on his H1B without taking a 1 year break even if there is any valid time left on the H1B (for example: he transferred to a H4 EAD in between for a few years).

 

Folks can correct me if my understanding is incorrect here. 

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Your spouse will have 60 days legally after being let gpo from this company. He can try and find a H1 sponsor or change status to H4 till he gets a suitable situation. H4 times are delinked from H1 time. Based on his approved I-140 he will be eligible for H1 extensions of 3 years at a time with any company till his PD is current and this will remain true even if the I-140 is revoked by the employer which is in any case highly unlikely.

HPP is wrong . The remainder option of the H1 where you have time left over from the initial total of 6 years HAS NO TIME FRAME and the remainder can be used non cap at any time in the future or now  till the US Government stops the H1 program. Secondly the I-140 approval gives the OP's spouse extensions of H1 non cap and with any employer till the PD of the current I-140 is current. He also retains this PD for any future filing of a GC.

Say a person is in H1 status based on the lottery for 2 years and then changes to L2EAD for 5 years, he can then claim the remainder 4 years of his H1 status after finishing with the L2 EAD.

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