H1 B Eligibility question

[SAMA_USIMM]

Hello,
I am currently working on H1, In feb end my H1 will expire. I have completed 6 years in H1.

From March 2014 onwards, I will be in H4 as dependent. I know to become eligible for H1 again, clock should reset and it will be one year Gap.

My question is.

Can I apply for H1 in April 2014 and start work from March 2015 as by then one year will re-set.

Or

I need to wait for one year before applying for H1, that would be April 2015?. If I apply in April 2015, I can work only from October 2015. Please advise.


Since I had H1 before, Am I exempt from Cap or I have to go through cap only???

[raghvi]

Hello,
I am currently working on H1, In feb end my H1 will expire. I have completed 6 years in H1.

From March 2014 onwards, I will be in H4 as dependent. I know to become eligible for H1 again, clock should reset and it will be one year Gap.

My question is.

Can I apply for H1 in April 2014 and start work from March 2015 as by then one year will re-set.

Or

I need to wait for one year before applying for H1, that would be April 2015?. If I apply in April 2015, I can work only from October 2015. Please advise.


Since I had H1 before, Am I exempt from Cap or I have to go through cap only???

One critical aspect is that in order for the clock to reset you need to be out of US for one entire Year you cannot reset clock by being in US on H4 status. Advisable to refrain from entering US during that 1 Year. Also, in my opinion one needs to apply in the cap of the year AFTER completion of 1 Year period. So you would need to apply for H1 in April 2015. What can certainly be done is that you leave US in March 2014, stay outside US till March 2015, come back to US in March 2015 and apply H1 as COS from H4 in April 2015 with start date of Oct 2015.

This is my opinion not legal advice.

[SAMA_USIMM]

Thanks for your reply.



So you are saying staying in H4 will not re-set the clock. So what would be my options then if I have to start work again.



Is there any possibility at all or not?



Like studies by applying F1 and then from F1 to H1 in future. Can I do something like that?

[raghvi]

If you had filed a GC timely then it would have helped. Moving to F1 will also not reset your clock it will only allow you to stay in US. In order to get fresh H1 you have to stay out of US for an entire year.

This is my opinion not legal advice.

[SAMA_USIMM]

Thanks Raghvi,

So only option is to stay out of US for one year is it?

If I stay in US on H4 for 2 ,3 years it will not help is it?

Another option is if my husband's employer files GC, when he get EAD then only I can work. Please confirm.

[raghvi]

Thanks Raghvi,

So only option is to stay out of US for one year is it?

If I stay in US on H4 for 2 ,3 years it will not help is it?

Another option is if my husband's employer files GC, when he get EAD then only I can work. Please confirm.

I am afraid so.

2,3 or any number of years on H4 wouldn't help reset the clock (unless the USCIS rules change during that time).

Filing GC and and then getting EAD can help but GC in EB2/EB3 category can take ages. Also, filing as a derivative applicant you still cant get the benefit of H1 extension beyond 6th Year under AC21.

This is my opinion not legal advice.