Spouse cleared I-140 and I will be my H class(H1+H4) 6 years next year

kolakara

By kolakara,
in H1B : H-4 Issues

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kolakara Newbie

kolakara

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Hello Everyone,

 

I worked on H1-B for 1 year and converted to H4 and been on H4 for the past 4 years now. My husband's company applied for GC and he cleared I-140 and waiting in queue  for the date to become current. I might have a chance to get a job offer now and they are willing to do H1-B for me. According to my research, since I will be completing 6 years on H class i.e. H1-B and H4 combined I came to know that I cannot apply for H1-B extension after oct 2014 and come under H1-B cap in 2015.

 

My question is can I go for H1-B extension after october 2014 since my husband's I-140 is cleared and it has been more than a year now . Our priority date is in 2011. (or) Will I come under 2015 H1-B cap .Can someone please let me know how it works in my case?

 

I really appreciate your help!

 

Thanks,

Kolakara.

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hello Everyone,

 

I worked on H1-B for 1 year and converted to H4 and been on H4 for the past 4 years now. My husband's company applied for GC and he cleared I-140 and waiting in queue  for the date to become current. I might have a chance to get a job offer now and they are willing to do H1-B for me. According to my research, since I will be completing 6 years on H class i.e. H1-B and H4 combined I came to know that I cannot apply for H1-B extension after oct 2014 and come under H1-B cap in 2015.

 

My question is can I go for H1-B extension after october 2014 since my husband's I-140 is cleared and it has been more than a year now . Our priority date is in 2011. (or) Will I come under 2015 H1-B cap .Can someone please let me know how it works in my case?

 

I really appreciate your help!

 

Thanks,

Kolakara.

You are wrong. Stay in US on H4 is not counted against 6 years on H1B. Your new employer should be able to file a cap exempt petition and on approval you can work for your new employer.

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kolakara Newbie

kolakara

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Thank you pontevecchio and jairichi for your quick replies. I know I am Cap Exempt. I have gone through the Memo released by USCIS regarding H4-H1 decoupling. What I understood is if a person who is on H4 and filing for H1-B for the first time then it said the time in H4 period is not counted and H1-B is given for 6 years with 3 years first and can later apply for extension of 3 years.

 

My case is different, I already have an H1-B and then moved to H4 and now I want to go to H1-B. So I doubt if the decoupling law applies to my case. Do you know of any one who has done this before?

 

I really appreciate your help!

 

Thanks.

 
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