srv008 Posted July 28, 2017 Report Posted July 28, 2017 Hi All, My friend has a situation and need some opinion/advice. His wife is in US on F1 and she has OPT valid till Jun 2018. Also her H1B was picked and approved in June 2017. Her project ended now and employer is planning to withdraw her approved H1B before October(start date). Now my friend is thinking to apply for H4 and H4EAD. Q H1B is approved but will be withdrawn before it starts, Is she eligible for Cap Exempt in future? Appreciate any opinion/ advice!!
pontevecchio Posted July 28, 2017 Report Posted July 28, 2017 In this case, NO. I assume you mean she will use H4 EAD in future to work.
srv008 Posted July 28, 2017 Author Report Posted July 28, 2017 Thanks for reply! For now she is planning to use H4 EAD after OPT expires. But in future, if she wants to go back to H1, does she need to go through lottery process again?
JoeF Posted July 29, 2017 Report Posted July 29, 2017 With the H1 revocation, she is not considered counted in the H1 quota. A new employer would have to file in the lottery.
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