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    immiConfusion's Avatar
    immiConfusion Posts: 3, Reputation: 1
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    #1

    Apr 24, 2014, 01:41 PM
    H4 to H1B after 6 years based on I-140
    I am in my 7th year of H1 with an approved H1B till October 2015
    I have approved I-140 from my employer as well

    Due to personal circumstances I am switching to an H4 visa under my husbands H1.
    In 6 months I would want to start working again. When my future employer file for an H1 for me:

    1) Would I be subject to visa cap
    2) Would I be able to start working as soon as I get the approval?

    I would really appreciate anyone's help and advice in this matter.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 24, 2014, 02:27 PM
    You would be able to start working again as soon as you get approval, but why haven't you phoned immigration for this answer ?
    immiConfusion's Avatar
    immiConfusion Posts: 3, Reputation: 1
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    #3

    Apr 24, 2014, 05:58 PM
    Thanks a lot. What's the source?
    Quote Originally Posted by tickle View Post
    You would be able to start working again as soon as you get approval, but why haven't you phoned immigration for this answer ?
    Firstly, thanks a lot for your answer. Can I ask the source of your information. Someone you know, immigration attorney or USCIS? Can you please share link if you have one.

    BTW whom do you refer to when you say phoned immigration - USCIS or some immi attorney?
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