H1(with I-140 approved) to H4 to H1


kumar4work

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Hi,

 

I am in my beyond 8 years of H1 with I-140 approved with CompanyA . My current project is ending in June. I will need to take few months break from work and come back to job with CompanyA after few months.  I will change my status to H4 as my spouse has H1 during this break time.

 

Can you please help clarify below questions?

 

1.    Can I apply for change of status from H4 to H1 based on my 1-140 approval once I get the project with CompanyA or new Company?  Am I H1 cap exempt?

 

2.       What will happen to I-140 approval and green card process during my break time (If I change my status to H4).

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