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H1 to H4 and then a new H1

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  • H1 to H4 and then a new H1

    Hi

    I have completed 5 years on H1B and have got an extension till Oct 2012. I will be going on maternity leave in Jan 2012.

    If I transfer my visa to H4 and stay at home for one year, can I apply for a new H1B after the one year. Is being on H4 visa for one year considered to apply a new H1B petition to reset the time to 6 years.

    Thanks in advance.

  • #2
    In order to get a fresh 6 year in H1B you need to stay out of U.S for 1 whole year and then file a fresh H1B petition on a new CAP. Staying in H4 status will not reset the clock.
    Not a legal advice. Use of this information is strictly at your own risk.

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