Legal Question in Immigration Law in Washington

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.

Asked on 11/07/16, 11:23 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 11/07/16, 12:38 pm

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