H1 - H4 Quota and Time limit Question

A

AnupamaAjith

New Member
Greetings,
I have two questions
1) I entered the USA on H4 based on my husband's H1 in Jan 2005. Later I found a job in June 2005 and got a H1 and am currently on H1. I am considering moving back to H4 for personal reasons. In case I change my status to H4 now and find a new job after six months, can I get a new H1 without being counted against the Quota? Because i remained within the "H" visa category, and because I held H-1 once, can I move back from H4 to H1 without the quota numbers being an issue?

2) Does the six year limit for H visa combine the time i spend on H1 and H4?
If i spent one year in H4 and one year in H1, does that mean that I have only 4 more years left on my H (H1)?

Please reply,
Thank you
 
H1 to H4 to H1??

I have a couple of questions regarding my wife's H1
Q1) My wife holds an advanced degree from the US, and was previously on an H-1 filed from an university setting. She converted to an H-4 visa earlier this year. Will she be eligible to get an H-1 again this year (from a private organization as opposed to an exempt setting like a university) or is she subject to the H- 1 cap for individuals with advanced degrees from the US?
(I am not even sure if the university setting will by default fall under exempt quota or if you have to file specially apply to be under the exempt quote)

Q2) Is she eligible to get a part-time H-1? Or is part-time H-1 also subject to a cap every year? What does the part-time H-1 application process entail?

Any help is really appreciated.
 
H1 to H4 time limit query

Reply to AnupamaAjith:

The time spent on all H visas (H1/H4 put together) is counted for six years. whether you are on H1 or H4, the Six yr clock started ticking from the date you entered US on H visa. But amendments are being proposed to delink H1 and H4 period. that means one can remain in H1 for 6 yrs and in h4 for 6 yrs. But this is being proposed. Now the current rule says you can remain in US for 6 yrs in H1-H4 put together.

If your company had filed Immigration visa petition, your H1b can be extended further. otherwise you have to leave to your homecountry and spend one year before you enter US again on a fresh 6yr count H1b.

Pls visit the Greencard link of this website for further details

Good Luck
 
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