H1 to H4 and back to H1

S

sudha_dsr

New Member
hi

I came to US in 2002 Dec on H4 and got H1 in 2003 Dec. I was on H1 visa working till now. Now I want to go back to H4 as I want to take care of my family. But I want to start working after one year.

My question is can I apply for H1 again in 2007 quota?

by 2007 I will be on my 5 th year of H visa.

can anyone please advice me.
 
my understanding is that your future H1B should be exempt from the annual H1B cap as your first H1B was already counted against the cap. so you should be fine

However, you should confirm this with a lawyer as you have a peculiar case of H1B->H4->H1B

you can play safe by applying H4->H1B change of status before the cap expires
 
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