h1tof2toh1 Posted June 24, 2015 Report Share Posted June 24, 2015 I'm currently on a H1B visa and have a few questions. My visa is valid until Feb 2017. My PERM application is being processed. I'm hoping it will get approved in a month or two and then my employer would file I-140. If I switch to F2 visa after my I-140 is approved, can I get back to H1 in a couple of years? Do I need to stay in India for a year for the clock to reset? What happens to the approved I-140? Do I keep the priority date? Thanks! Link to comment
jairichi Posted June 25, 2015 Report Share Posted June 25, 2015 Your F2 will never be approved after filing or approval of I-140 as immigration intent is not allowed on F2. Based on approved I-140 you are cap exempt and there is no need to go under cap. For H1B clock to reset you need to stay outside US for a year before filing of a cap subject H1B petition. Link to comment
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