H4 to H1B after 6 years based on I-140


mickstricks

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I am in my 7th year of H1B and have approved H1B till Oct 2015(over 1.5 years left).

I also have an approved I-140 from my employer.

 

Due to my circumstances I am switching to H4 visa under my husband's H1B. I would like to start working again in 6 months. In this scenario, if my future employer files for H1B:

 

Would I be subject to visa cap?

Would I be able to start working as soon as my H1B is approved?

 

I have scoured through the web to find an accurate answer but have not been able to. I would really appreciate anyone's help in this matter.

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