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Beyond 6 years - Change of status from H4 to H1

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  • Beyond 6 years - Change of status from H4 to H1

    I have been on H1B status for more than 9 years straight and last year my 140 got approved. Unfortunately, on Nov 19, 2008, I lost my job. In order to maintain my legal status in this country, on December 15, 2008, I filed for the change of status from H1 to H4 (my wife’s H1B). H4 is still in pending status and therefore theoretically I am still on H1.

    Question - After my H4 gets approved, whether I’ll be able to change my status back to H1 without subject to any H1B quota? Also, will I be able to get an H1B approval and extension based on my approved I-140 as this makes me eligible to get 3 year extension indefinitely although I am currently on 9th year extension? Please advise.

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