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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105126
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am currently in 10th year of my H1B with I-140 approved

Customer Question

I am currently in 10th year of my H1B with I-140 approved and a petition approved till Sep 2018. Going to India in April this year after 7 years for visa stamping. My wife is on H1B too with an approved I-140 and stamped visa till Sep 30th 2016. If for any reason my visa doesn't get approved, my employer will keep the GC process continued.
Can I come back on H4 visa and then change my status to H1B without being subject to the cap ? Do you see any issues in this or is there a better option?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Yes, this is common to switch to H-4 and then later back to H-1B and not be subject to the cap as long as the GC process continues to move forward.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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