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Is H1 to H4 to h1 cap exempt? I have H1B now but my contract…

Is H1 to H4 to...
Is H1 to H4 to h1 cap exempt? I have H1B now but my contract is ending next month, which might make me out of status if I don't find another job. Planning to convert to h4 to my husband in the meantime. But do I come under same Cap for H4 to H1. I have i140 approved.
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3/28/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,055
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I think you are asking if you do a COS from H1B to H4 and then want to go back to H1B you still get the remainder time left on your H1B and time on H4 does not count towards the cap maximum years. You get the full remainder of time when you change back to H1B again.

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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,055
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hi Judith,Thanks for your response. Actually I did frame my question incorrectly. Do I have to go through lottery again for my H4 to H1?
Customer reply replied 4 months ago
I already have I 140 approved meaning I am out of 6 year cycle

You can renew beyond the 6th year if your PD is not current when you do a COS back to H1B.

Judith

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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