H-1 to H-4 to H-1


newbie2014

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Hi,

 

My situation is as follows:

1.  My H-1 got approved in the cap in 2006

2.  I have used 3.5 years of H-1 so far as I went on student visa for 2.5 years

3.  I have 2.5 years remaining on H-1.

 

I am considering going on a H-4 visa for about a year.  My question is if the employer will have to file a H-1 in the cap once I want to go back to H-1 or will it be just a simple change of status?  If it will be subject to cap, will it be the same process as filing a new H-1?

 

Thank you.

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Hi,

 

My situation is as follows:

1.  My H-1 got approved in the cap in 2006

2.  I have used 3.5 years of H-1 so far as I went on student visa for 2.5 years

3.  I have 2.5 years remaining on H-1.

 

I am considering going on a H-4 visa for about a year.  My question is if the employer will have to file a H-1 in the cap once I want to go back to H-1 or will it be just a simple change of status?  If it will be subject to cap, will it be the same process as filing a new H-1?

 

Thank you.

It will be a cap exempt H1B petition. Employer has to pay H1B fees. It is the same process only difference is that you can begin to work immediately after approval.

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Thanks for your replies.

 

I want to clarify - I am asking about whether the application will be subject to quota again because it has been 7 years since my H-1 was approved and I read somewhere that it will be subject to cap if it has been more than 6 years since it was approved.  Please advise.

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Thanks for your replies.

 

I want to clarify - I am asking about whether the application will be subject to quota again because it has been 7 years since my H-1 was approved and I read somewhere that it will be subject to cap if it has been more than 6 years since it was approved.  Please advise.

That was old rule. You will get the remaining years in H1B and you are not subject to cap

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