EAD -> H1: cap question

[Sri4GC]

I am planning to switch back to H1 status after working on EAD for a while. My previous h1 expired and I did not finish my 6 years quota yet.

If I now apply for H1, is it going to be an extension or completely new?

Any inputs welcome.

Thanks
-Sri

 

[ruxrux]

I'm afraid it'll have to be a new H1 because when you switched to EAD, you stopped working on H1 and it expired anyway.

There was still time to go back before expiration if you worked for the same company - they could've just switched the I-9 back to the old one saying h1, but it's too late now I think.

As to the H1 cap, I don't know if it's been reached yet. If yes, you're out of luck.

 

[140_takes_4ever]

Definitely reccomend AGAINST it! It will be a new H1 and the H1 cap has been reached so you can only get your H1 after October when the new cap starts, and to change your status you will have to leave the country and enter on your H1, AFTER getting your new H1 stamped on your passport.