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Magnettiles

H1B to H4-EAD and now back to H1B

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Hi, 

I was on H1B with employer A for 7+ years (2011-2018) with an approved I-140. Now working for employer B with H4-EAD. Since, there is huge delays in processing time for H4-EADs, they want to apply for change of status (COS) from H4 to H1B in premium. Will this COS application be cap exempt, as I have an approved I-140? 

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On 9/6/2021 at 1:56 PM, Magnettiles said:

Will this COS application be cap exempt, as I have an approved I-140? 

It will be extension petition based on previously approved i-140. It may or may not get approved as COS. 

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