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H1b To H4ead

Discussion in 'H4 employment authorization' started by vicanilg, Aug 20, 2015.

  1. vicanilg

    vicanilg New Member

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    Hi Ron,

    I am planing to apply my wife H4 EAD but right now she is in H1B. My question here is in feature if she wants to move back H4 EAD to H1B she can use current H1B or she needs to go for fresh quota?. Could you please help me sir.

    Thanks.
     
  2. Pseetha

    Pseetha New Member

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    Why di u want to changer status, let her be independant of ur status
     
  3. mar212011

    mar212011 Well Regarded Member

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    You dont fall in quota for changing back. The quota is applicable for a first time H1
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If currently she has an H1B visa or H1B status, then she will be able to go from H4 to H1B cap-exempt.
     
  5. vicanilg

    vicanilg New Member

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    Thanks Ron. One more quick Question Is there any time frame to expire current H1B if we are not on H1B status?. For example my wife move to current H1B status to H4 EAD may be after 6 years if she want to come back to the H1B status does she eligible to use the previous H1B?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The only way the six year clock gets reset is by going abroad for a full year. Of course, if she has an I-140 approved on HER behalf while working on an EAD, she will become exempt from the six year limit.
     
  7. vicanilg

    vicanilg New Member

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  8. banerjee

    banerjee Junior Member

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    Can we select H4 COS currently on H1B date in the future say 15 Feb 2016 for my spouse when filing along with my H1B extension due of 15 Dec 2015, or the date has to be no later than 15 Dec 2015. Please advice
     

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