H1 to H4 after maxout, and then back to H1 after I140 approval

[myusvisa123]

Hi,

 

I have 2 questions:

 

1. Currently I am on H1 maxout is Dec 2014, can I then go on H4 and stay in US and then again apply for H1 in next year quota, or do I need to be physically outside USA for more than 365 days.

 

2. My maxout date is Dec 2104, current employer has not applied for PERM, but another employer (B) have applied PERM in June 2014, assuming that it PERM takes more time to come i.e. after Dec 2014, can I go on H4 after Dec 2014 till my labor gets approved, and once it gets approved can I do COS back to H1 on the basis of Labor/PERM approval

[jairichi]

1. Physically outside US for 365 days before a cap subject H1B petition can be filed. If you exit in Dec 2014 you are eligible for a cap subject H1B petition in Dec 2015.

2. A PERM or I-140 pending for more than a year or an approved I-140 will give you extension and not an approved PERM.