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  1. #1
    Join Date
    Sep 2017
    Posts
    2

    Default Returning to H1B Status After H4, After 6 Years of H1B and Aproved I-140

    I am on H1B visa for 6+ years and have a approved I-140.
    I lost my job. And I want to take maternity break.
    I am planning to change status from H1B to H4 visa and get H4 EAD. After my maternity period, I am planning to find an employer who will convert back from H4 to H1B (start working on H4 EAD with this employer) and get the H1B status back.
    Can I change the status back to H1B even if it is 6+ years(I have a valid I-140) ?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Returning to H1B Status After H4, After 6 Years of H1B and Aproved I-140

    The employer won't be "converting" anything. He can, if both you and the employer qualify, apply for an H1B visa for you based on the new job situation. At this point, it will be pretty much starting over except if you're still legally present on the H4 and have an EAD, you can work while that is pending.

    The bigger question is why do you want to convert back? Is it your husband's H1B you're on?

  3. #3
    Join Date
    Sep 2017
    Posts
    2

    Default Re: Returning to H1B Status After H4, After 6 Years of H1B and Aproved I-140

    Hi, thanks for your response. I want to "convert back" from H4 to H1B because i will be more independent on H1B than on h4. Question is - can i come back from H4 to h1b (with 6+ years on H1B and valid I-140) ?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Returning to H1B Status After H4, After 6 Years of H1B and Aproved I-140

    Again, there's no conversion. Your new employer can apply for an H1B just as he could if you were still in a foreign country with no visa at all. At this point, if the employer is subject to the cap, I suspect you'd be subject to that. Other than a few things like cap issues, an existing H1B with one employer means NOTHING when you go to a different employer. You are immediately out of status when you quit the first job. The second job needs to apply for a new visa from you. Despite people talking about "transfer" of the visa, that does not happen.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Returning to H1B Status After H4, After 6 Years of H1B and Aproved I-140

    Continuing an I-140 after a change of employer is difficult, and it's not made any easier either by the fact that you're past six years on your H1B status or that you apparently won't be able to return to work for the employer that sponsored you for permanent residency. As long as the I-140 remains valid your new employer could potentially use that as a basis to seek an extension of your H1B past the six year maximum.

    I suggest discussing the details of your situation with an immigration lawyer.

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