Switching from H4 EAD to H1B

Sonu K

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I have valid H1B till Nov 2017, it was never stamped and have still 6 years remaining on it. but I am planning to switch on H4 EAD and will work on H4 EAD.

But in future lets say Jan 2018, I want to switch from H4 to H1B again (where H1B already crossed it date that was Nov 2017), will I be able to switch.

Can it be filed in Cap exemption?

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  • 2 weeks later...

A visa is an entry document. It has no meaning while in the US.

The status in the US is shown on the I-94. If you have been in H1 status in the previous 6 years and have not used all the time, you don't fall under the cap.

The employer has to pay for an H1 petition. The fees for you are $0.

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