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h4 to h1b conversion

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  • h4 to h1b conversion

    i am planning to do conversion from h4 to h1b ..i have around 6 months of left for my 6 years of h1b max out and recently my i-140 approved.

    my attorney is saying we cannot get total 3 years of h1b tranfer validity as ac 21 wont work asince 6 years is not completed.

    my last h1b status was in nov 2018 after that i moved to h4 ead .

    the current employer which i am working on h4 ead he dont hold my previous h1b (2018) so they need to do a h1b transfer.

    Is that true we cannot get 3 years of extension when 6 months of left in h1b max out even my i-140 is approved.

    Please give your inputs on this Thanks in advance

  • #2
    Hi,
    if you have valid I-140 Approval then you will be eligible for H1B Approval beyond 6th year.. Just file change of status petition with the detail of remaining period along with I-140 Approval..
    Thanks

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