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I-140 Approved H1 To H4 And Then To H1 Later

Discussion in 'Nonimmigrant Visa Applications' started by sandeeptj, May 24, 2016.

  1. sandeeptj

    sandeeptj New Member

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    Hi Ron,

    I have my I-140 approved with h1b visa stamped till next year June 2017. I have been out of USA and has not been working for more than an year due to medical reasons. Now I want to convert from h1 to h4 visa on spouse visa and later convert to h1 again in the near future.

    1) is it possible to convert from h1 to h4 while I'm out of USA and without payslips?

    2) if I apply from h4 to h1 with the I-140 approval later, will I be subject to cap exemption?
     
  2. Santy

    Santy Guru

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  3. sandeeptj

    sandeeptj New Member

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    Hi Santy,

    Thank you for quick reply. Just an extension of the 1 question.

    1) Since I'm going to forgo my h1 anyways, do I need to convert from h1 to h4 or I can just apply h4 and go for stamping?

    I hope still the 2 is valid in both the cases?
     
  4. Santy

    Santy Guru

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    If you are in your home country, apply for H4 visa and go for the interview /stamping. Take all the required documents. Remember, H4 is a visa where you justify that you don't intend to work.
     
  5. Michelle Choe

    Michelle Choe Attorney at Law

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    It will be much quicker for you to enter the U.S. on an H-4. H-1 to H-4 in the U.S. is highly unlikely since you have not been maintaining your H-1. Therefore, as long as your spouse is on a valid H-1B, you may enter on an H-4.

    To answer your second question, you can change your status from H-4 to H-1 as cap-exempt for the remaining time that's left on your H-1B as long as you were counted against the cap in the last six years.
     
    Ron Gotcher likes this.

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