H1B to H4 EAD

[sharanya2311]

Hello,

I have a question in regards to my change of status to H4 EAD. I completed my MS from a US university in 2012. I currently have a valid H1B. My husband has an approved I-140. My questions are as follows:

1. If I were to change my status to H4 EAD will it be possible for me in the future to change back to H1B?

2. Will my H1-B be cap exempt? Given that it has already been counted against a cap? (My 6 years of H-1B expires only in 2019).

Thanks in advance!

Sharanya

[raghvi]

Hello,

I have a question in regards to my change of status to H4 EAD. I completed my MS from a US university in 2012. I currently have a valid H1B. My husband has an approved I-140. My questions are as follows:

1. If I were to change my status to H4 EAD will it be possible for me in the future to change back to H1B?

2. Will my H1-B be cap exempt? Given that it has already been counted against a cap? (My 6 years of H-1B expires only in 2019).

Thanks in advance!

Sharanya

1. Yes possible as long as 6 Year limit not exhausted on H1 and within 6 Year of your last held H1 status.
2. Yes it will be as long as above criteria is met.

This is my opinion not legal advice.