mkuttamk Posted September 22, 2017 Report Posted September 22, 2017 I am on H1B visa for 6+ years and have a approved I-140. I lost my job. And I want to take maternity break. I am planning to change status from H1B to H4 visa and get H4 EAD. After my maternity period, I am planning to find an employer who will convert back from H4 to H1B (start working on H4 EAD with this employer) and get the H1B status back. Can I change the status back to H1B even if it is 6+ years(I have a valid I-140) ?
asikka Posted September 22, 2017 Report Posted September 22, 2017 as you have already finished 6 yrs of your H1 you wont be cap exempt a.k.a you wont get H1 transfer you have to apply fresh H-1B
mkuttamk Posted September 22, 2017 Author Report Posted September 22, 2017 Thanks for your reply. Even though I finished 6 years on H1B I have valid I-140. Should valid I-140 get me H1B beyond 6 years ?
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