I am on H1b and will complete 6 years in jan 2017. If I move to h4 before 2-3 weeks of completing 6 yrs in h1b, can i apply for a fresh h1b in 2017 april or 2018 april.
1 Answer from Attorneys
All periods of H & L status are counted towards the cap. Therefore, if you max out in H-1B status, you cannot change status to an H-4 UNLESS your H-1B spouse is eligible for a 7th yr extension pursuant to AC21. In order to re-apply for a new H-1B visa under the cap, you must remain outside the United States for 365 days.