Can anyone anwer the question?

[imwatcher123]

Having worked on H1 for the first 3 yrs, then H1 renewed for another 3 yrs. At the same time, 485 is pending. After total 4 yrs on H1, changed job using EAD (so H1 status lost). If two years later, 485 gets denied. Do you still have 2 yrs of H1 available so you may be able to regain H1 status or you have used the maxium 6 yrs allowed for H1 so you have to stay outside U.S. for a year before you can come back as H1 status?

 

[outletvolt1]

I think you can still use your remaining H1 period. I am not a lawyer so
better check with one for making it sure.

 

[youry]

I think you can still use your remaining H1 period. I am not a lawyer so
better check with one for making it sure.

that's what I've heard, too, but goes under H cap.

 

[TheRealCanadian]

that's what I've heard, too, but goes under H cap.

No, since the 6 year clock has not been reset.

 

[imwatcher123]

No, since the 6 year clock has not been reset.

Do you mean if you are approved for 3 years of H1, and you only stay on H1 for 1 yr and change to other status, still 3 yrs will count towards the 6-year maxium?

 

[TheRealCanadian]

Do you mean if you are approved for 3 years of H1, and you only stay on H1 for 1 yr and change to other status, still 3 yrs will count towards the 6-year maxium?

Not at all. The 6-year limit and the cap go hand in hand.

The 6 year limit is only reset when you spend one year outside of the US. In your scenario, you have only used up 1 year towards the 6-year limit.