sahil_1220 Posted August 12, 2015 Report Posted August 12, 2015 Hello All, My i140 is approved and I am on H1b extension (8th Year), My spouse has submitted his i140 (Not yet approved) application and currently in 2nd year of his H1B Visa. If he comes under my H4 and apply for his EAD to work, can he go back on his H1B in future, does she need to go throught he lottery and apaper work again? What is the best solution based on my scenario - Thank you
jairichi Posted August 13, 2015 Report Posted August 13, 2015 If his I-140 is still valid or he has not completed 6 years on H1B he will be cap exempt. Otherwise he has to go under cap after staying outside for a year.
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