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Need help - H1-H4-H1

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  • Need help - H1-H4-H1

    Hi,
    I was working on my H1 from Jan'10 to Aug'11. Then I changed my status to H4 based on my husband's H1. My H1 and I-797 expired in Aug'12. I would like to know do I need to file new H1 or can I reinstate my previous H1? Please let me know if more details are required.
    Thank you.

  • #2
    Need help - H1-H4-H1

    As far as i know, You need to file a new H1. Reinstate or COS is only allowed if your H1 would not have expired by now.

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    • #3
      The above is not true.
      Every H1 petition is a new petition. In your case it will be a cap-exempt petition because you have been cap counted. Any employer can file for you any time.
      This is my opinion and not legal advice.

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      • #4
        Need Help - H1- H4- H1

        Thank you for the quick responses.

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        • #5
          Originally posted by "abc234" View Post
          Hi,
          I was working on my H1 from Jan'10 to Aug'11. Then I changed my status to H4 based on my husband's H1. My H1 and I-797 expired in Aug'12. I would like to know do I need to file new H1 or can I reinstate my previous H1? Please let me know if more details are required.
          Thank you.
          Mine was the same case as your's and the company filed my H1-b as COS.

          Comment


          • #6
            Need Help - H1-H4-H1

            Originally posted by Garima Chandra View Post
            Mine was the same case as your's and the company filed my H1-b as COS.
            Hi Garima,
            Thank you for your reply. May I have your e-mail ID/ Contact no, I would like to have word with you if possible. That would be great help for me.
            Best Regards.

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            • #7
              H1 to H4 transfer

              Hello,

              I got H1B visa stamped in Oct'2014 but company did not find any assignment so I ended up getting H4 visa stamped with using H1B visa. During my H4 interview consulate officer cancelled valid H1B visa stamp.

              Do i still eligible for H1B Cap - Exempt once I am in US and start looking for job or I have to go through lottery system again ?

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