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Hello,
My wife and I came to the US on an H1B Visa in 2011. Later due to some circumstances, she changed her status to H4 + EAD in 2016 and continued to work in the same location. Due to discussions around H4 + EAD she wants to move back to H1B and the company is working on the filing right now. The first question that I have is that will she be CAP exempt since she had H1B previously and it will be a COS application or will she have to go through the lottery.
Dates:
H1B - 10/01/2011 ( Came to the US on 03/31/2012)
H1B Renewed - 09/30/2014
H4 + EAD - 06/27/2016 (Current)
As per my calculation, she has used 4yr 3months of H1B, so even if she gets the H1B, she will only have 1yr 9months left. My second question is that if it is enough time to be far enough in the PERM filing to get H1B renewal beyond 6 yrs limit. Would you rather wait for the EAD stuff to be announced?
Any help in this would be greatly appreciated. Let me know if there is more information is needed to make any suggestions.
My wife and I came to the US on an H1B Visa in 2011. Later due to some circumstances, she changed her status to H4 + EAD in 2016 and continued to work in the same location. Due to discussions around H4 + EAD she wants to move back to H1B and the company is working on the filing right now. The first question that I have is that will she be CAP exempt since she had H1B previously and it will be a COS application or will she have to go through the lottery.
Dates:
H1B - 10/01/2011 ( Came to the US on 03/31/2012)
H1B Renewed - 09/30/2014
H4 + EAD - 06/27/2016 (Current)
As per my calculation, she has used 4yr 3months of H1B, so even if she gets the H1B, she will only have 1yr 9months left. My second question is that if it is enough time to be far enough in the PERM filing to get H1B renewal beyond 6 yrs limit. Would you rather wait for the EAD stuff to be announced?
Any help in this would be greatly appreciated. Let me know if there is more information is needed to make any suggestions.
