Bhuvi Posted September 20, 2023 Report Share Posted September 20, 2023 Hello, Im on my H1B and have my I140 filed. If Upon the approval, I have change of status from H1B to H4, is my I-140 active still going to be active? Once my H1B gets inactive, do I have to go through the lottery process for the reactivation of H1? Thanks in advance. Quote Link to comment
Attorney_24 Posted September 22, 2023 Report Share Posted September 22, 2023 If you have already been counted against the H-1B cap, you can switch from H-4 to H-1B provided you have not exhausted the 6 year H-1B time limit or you meet the eligibility criteria for H-1B extension beyond 6 years. With regards to the GC question it depends on whether your GC sponsor supports and still has the permanent position available for you and whether you intend to join them once you get your GC. For case specific advise you can talk to one of our GC attorneys. Quote Link to comment
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