Urgent - H1b Used for 2 years, expired in 2012_can I reuse remaining years now?

[pankaj24]

Hello All,

I am really looking for some help regarding the below query.

My friend has used H1b from 2009 to 2012 for 2.5 years.  Did not file the extension after that. She changed her status in 2012 to H4 till now. Since last 2 years she is working on H4 EAD. 

Can she again go back on H1b to claim the remaining 3 and half years ? Will it be cap exempt ?

Any help on above is really appreciated

Thank you.

P.

 

 

[Provence]

What's so urgent about this? 

You have very specific dates in asking for a "friend"; the thread title, otoh, refers to you in the first person. 

[pankaj24]

On 2/21/2019 at 9:37 PM, Provence said:

What's so urgent about this? 

You have very specific dates in asking for a "friend"; the thread title, otoh, refers to you in the first person. 

Hello Provence,

This case is indeed for my friend. It has some other marital factors too where she soon needs to decide whether to be on dependent visa OR on H1b visa and that is why the urgency.  In the flow of posting the question, I did frame the question in my perspective by mistake, but it is for "her".

I am good for the time being with respect to my visa status and all. 

Thanks,

P.

 

 

 

[shekar11#]

On 2/21/2019 at 3:27 PM, pankaj24 said:

Hello All,

I am really looking for some help regarding the below query.

My friend has used H1b from 2009 to 2012 for 2.5 years.  Did not file the extension after that. She changed her status in 2012 to H4 till now. Since last 2 years she is working on H4 EAD. 

Can she again go back on H1b to claim the remaining 3 and half years ? Will it be cap exempt ?

Any help on above is really appreciated

Thank you.

P.

 

 

Yes, your friend can reuse the old H-1 remaining period.

[HPP]

Just to confirm that I’m understanding this correctly. 

If I switched from H1B to H4 EAD 4 years into my H1B, and now I’m past my 7 years I can switch back to my H1B to use my remaining 3 years?

 

I thought one needs to leave the country try once 7 years are up in the countryunless there is an extension granted for a pending GC.