H4-h1-h4-h1?

T

thumsup9

New Member
Hi All,

Please clarify

Initial entry status into US - H4 ( first term)
changed my status to - H1B (4 months on bench)
Based on employer's advice changed the status back to - H4 ( second term)

Questions:

1. If I need to change my status to H1 again, Do I need to apply for a New H1 and will that be exempted from
H1B cap ?

2. What length of the H1 is still left ( 6yrs - 4months ? ) or ( 6 yrs - 4months - H4 second term ? )

Thanks,
 
Status is determined by I-94. If it is for H1B status, the fact the OP was not paid made him/her out of status for that period since it aounds as though that the H1B was filed as a COS and an I-94 issued.

Payroll does nothing to determine status.
 
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