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ARedK

H1(revoked) to H4 to H1

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Hi,

I had H1B visa until Sept 2017, but to care of my daughter I changed to H4(got my H4 EAD)and my employer revoked my H1B in Aug 2017. Right now I have H4 EAD valid Sept 2020 and due for extension. My husband is planning to renew his H1 in premium processing. Due to the long processing time for H4 EAD if I have to move to H1B do I fall into the CAP exemption.

Thanks in advance.

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Yes. The old employer was required by law to inform USCIS that you no longer work there. But that has no effect on you.

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Thank you for your responses. I am looking at two options:

1. I am planning to goto Vacouver, Canada for H4 extension stamping after H1(of my husband) gets approved in premium processing and then come back and apply for H4 EAD(supposed to be faster).

2.  Apply for H1 extension in regular processing and then bump it up to premium after I give my fingerprints for H4. Heard that this will get H1 and H4 and H4 EAD approved together.

Please advice.

Edited by ARedK

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Both of these are one of cases and cannot be generalized. You can try your luck with one of these, but I don't think they will work for everyone.

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