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H4 To H1 Cos

Discussion in 'Nonimmigrant Visa Validity' started by Swetha_p2009, Nov 4, 2014.

  1. Swetha_p2009

    Swetha_p2009 New Member

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    Hi Can you please help me with further explanation on your above post?
    I worked on H1 from Oct 1st 2008 - Mar 1st 2010.
    I went to my home country and came back to US after couple of months on H4 visa. I have been on H4 visa since then.
    Would I be able to apply for cap-exempt H Visa, if I found a sponsoring company/Job right now??
    What are my options to be able to start working.
    My spouse's green card is in process and have been waiting for dates to become current to be able to file for i-485.

    Thank you so much for your time and effort for helping people like me.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Based only on what you have written, you should be cap-exempt and eligible for four and a half more years of H1B time.
     
  3. Swetha_p2009

    Swetha_p2009 New Member

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    Thank you Ron, I was little worried how the 6 year rule for getting counted towards cap-exempt works.
    Counting from Oct 1st 2008, six years have been completed to Oct 1st 2014.

    Can you please let me know how can I be qualified if It has been more than six years?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They only count time in H1B status in the U.S. Your time as an H4 does not count.
     

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