EAD - switching back to H1

I have a similar question, but slightly different situation.
My H-1B expired this Jan. It was 8th year extension. My employer did not renew it because I have EAD. I anticipate huge EB2 retrogression soon and I am a bit scared of having to renew EAD/AP for many years to come. I think I will be able to persuade my employer to renew my H-1B, but the question is - can I do it now, or is it too late? Will I be subject to H-1B cap?

I promise not to ask too many questions on this thread after this...
 
rollingstone said:
I have a similar question, but slightly different situation.
My H-1B expired this Jan. It was 8th year extension. My employer did not renew it because I have EAD. I anticipate huge EB2 retrogression soon and I am a bit scared of having to renew EAD/AP for many years to come. I think I will be able to persuade my employer to renew my H-1B, but the question is - can I do it now, or is it too late? Will I be subject to H-1B cap?

I promise not to ask too many questions on this thread after this...
Click to expand...
for getting back to H1 after 8th year, I'm not 100% sure, but PROBABLY you can do it if you are meeting requirement for 9th year.
I was listening to recorded conf call with Mr. Kanna last night, and he mentioned that even though you have already spent full 6 years and then spent some time H4 after that, you can get 7th year or some sort(I don't remember exact Q&A for that. I need to check again).
To me, if it's possible after full 6 years, why not after 8 years.
But it's up to the interpretation of memo(I think it's based the memo issued end of last year), I cannot confidently say it's possible.

I'll give you the pointer to conf call later and you listen to it by yourself.
 
Go to
http://http//www.immigration.com/improving_immigration/efforts.html
and listen to Mar 8 conf call.

It's sometime around 15min to 17min, there was an answer saying that one can get 7th year even after one has exhausted 6 years and spent another 2 years with EAD(gap does not affect the 7th year ability).

I failed to find the reason why not possible to get 9th year under your circumstance, when it is possible to get 7th year after full 6 years + some EAD time.

You absolutely had better confirm with lawyer though.
 
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I have a similar question. But it is regarding H4 rather than H1.

I have valid H4 stamp on my passport and also have valid EAD though spouse's I-485. I am thinking of using EAD to start a business or get a job. In unlikey scenario of 485 rejection, can I get back on H4? My spouse will have valid H1B all along.

If yes, what is the process to get H4 back? As stated above, is it easy as going out of USA (say Mexico) and coming back using H4 stamping?

TIA
 
YOu can get back to H4, but you can not do that in the US. you most likely have to travel and reenter with H4 stamp.
 
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