Questions on H1 stamping, H1-H4-H1 and EAD

[shrutik]

Hi All,

I came to the US on F1 and have a Master's in Comp Sci. I am currently in the 2nd year of my H1B (valid till end of 2013) and have to visit India in March for 3 weeks and will have to get my visa stamped at that time. I have been working since 3 years in the EVC model, first on CPT/OPT and now on H1. I have a few questions on the possible scenarios in case my H1 stamping gets accepted or denied.

1) If my H1 gets denied, can I come back on H4 provided I get that stamping (my husband works on H1B) and then can my employer or any another company file for my H1 again immediately if I get placed in any project or get a job? I am not sure if it will be cap exempt as I was already on H1 earlier or the new application has to be part of the cap since earlier H1 was denied. Can someone please throw some light on this?

2) My husband's GC is being processed by his employer and he plans to add me as a dependent to get an EAD once the date becomes current. His priority date is Nov 2010. Based on the current EB2 cut-off dates, if our PD becomes current in the next three months, is it still safe for me to travel in March. If the date becomes current before I leave, can I still travel while my husband appplies for our EADs? If the date becomes current when I am in India, can he wait until I come back and then apply for our EADs?

Please advise.

Thanks,

Shruti

[pontevecchio]

1. H4 is possible and you would not be subject to cap.

2. In your situation one is allowed to return either with AP or in H1/H4 status.