H-1 to H-4 to H-1


newbie2014

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Posted

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.

Posted

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.

Posted

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.

Posted

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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