H-1b to H-4 to H-1b

[newbie2014]

Hi,

 

My situation is as follows:

1. I entered US in Dec 2006, subject to cap on H-1

2. Transferred to F-1 for 2.5 years in the middle

3. Back on H-1 now

4. I have used 3.5 years of H-1 in total so far

 

If i transfer to H-4 now for about a year, can I go back on H-1?  If yes, can it be filed as a change of status just like a transfer application, or will it be subject to cap?

 

Thank you

[jairichi]

Hi,

 

My situation is as follows:

1. I entered US in Dec 2006, subject to cap on H-1

2. Transferred to F-1 for 2.5 years in the middle

3. Back on H-1 now

4. I have used 3.5 years of H-1 in total so far

 

If i transfer to H-4 now for about a year, can I go back on H-1?  If yes, can it be filed as a change of status just like a transfer application, or will it be subject to cap?

 

Thank you

Yes, you can. It will a COS and a cap exempt H1B petition