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H1B recapture and adjustment of status

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  • H1B recapture and adjustment of status

    I had an H1B and I worked in the US for 6 years with it. However, I still have about 3 weeks of "unused" H1B time that I can recapture. I have two questions:

    1. Can I get a new H1B stamp on my passport and come to the US with such a short period in the H1B?

    2. If I do get in the US, can I immediately file for adjustment of status (I140 and I130) since I am married to a US citizen? Will that be construed as visa fraud? I know that doing that when under B2 visa could get me in trouble but will I be in the same trouble if I do it with an H1B?