H4 to H1B after 6 years based on I-140


mickstricks

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I am in my 7th year of H1 with an approved H1B till October 2015

I have approved I-140 from my employer as well

 

Due to personal circumstances I am switching to an H4 visa under my husbands H1.

In 6 months I would want to start working again. When my future employer file for an H1 for me:

 

1) Would I be subject to visa cap

2) Would I be able to start working as soon as I get the approval?

 

I would really appreciate anyone's help and advice in this matter.

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I am in my 7th year of H1 with an approved H1B till October 2015
I have approved I-140 from my employer as well
 
Due to personal circumstances I am switching to an H4 visa under my husbands H1.
In 6 months I would want to start working again. When my future employer file for an H1 for me:
 
1) Would I be subject to visa cap
2) Would I be able to start working as soon as I get the approval?
 
I would really appreciate anyone's help and advice in this matter.

 

1. As long as your I-140 is not revoked.

2. Yes.

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