H4 ead to h1b cap exempt Jul 18, 2025 · Discover the employment potential for H1B Spouse Visa holders. One such pathway involves securing an H-1B cap-exempt job through cap-exempt organizations. I currently applied for H4 and EAD to maintain legal status in Nov 9, 2024 · How to reuse past h1b (only 1 year used) after returning back after 6 years on h4 visa (EAD not granted yet)? Yes, you can do so. Can It still be used in Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. If I change from h4 - h1b now and then after 1 year if I go out of USA and come back on H4 stamping then can I use my earlier H4-EAD without reapplying for EAD. How long did it take for you to receive your H4 EAD and did you have a biometric appointment? Sep 29, 2023 · I recently got laid off after 9year of employment and my employer has withdrawn my H1b petition, I was not able to find new employer or job in the 60day grace period so I applied for H4 COS through my spouse. Mar 24, 2022 · The H4 visa holder needs to have applied for an H1B visa earlier and have been selected in the H1B lottery. Other posts What institutes or non-profits provide H1B cap-exempt visas for physical therapists? Summarized by AI from the post below Bhavna Devnani F1 Visa, OPT, STEM OPT, H1B Visa & H4 Visa 32w · Public Does anyone know about institutes or non-profits that provide H1B cap-exempt visas for physical therapists? Oct 20, 2025 · This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. Can I apply for H4 and H4 EAD simultaneously and do they get approved at the same time? 2. Some employer wants to file h1b for me cap exempt (filed in year 2015) that i have which I never used. May 20, 2024 · Consider following situation - 1. when i was Jul 18, 2025 · The I-140 is a crucial component of employment-based immigration, while the H1B visa cap determines the number of visas available each year. is that True? Anyone successfully done H1B extension please let me know. Can we get H4+EAD under a month? My best option is to request my future employer not to file for an H1B visa transfer as it may conflict with the H4 application. it won't be a transfer and you can't start working with nothing more than a filing receipt. In this comprehensive guide, we’ll walk you through the benefits of the H4 EAD, eligibility requirements, the application process, necessary documents, H4 EAD processing times, costs, and more. Can you guys provide your inputs? May 26, 2019 · If I do COS from H1B to H4 to avail EAD benefit as my primary H1B holder has approved I-140, would I be H1B cap exempt, if I plan to switch back to H1B from H4 in future? As the title suggests, I am currently working for a hospital on a cap-exempt H1B and wanting to transition to a H4 and H4 EAD (applied Dec 12th 2023). We have approved EB2 I-140 with priority dates in 2016 (me) and 2020 (my wife). But, given that our country of birth is India, we are far from having our priority date current. Specific Mar 18, 2018 · Her cap-exempt H1B visa is valid till August 13th, 2018. Currently I am working on H4 EAD. Cap-exempt H1B - H4 EADI am planning to apply for H4 and H4 EAD now and I am on cap-exempt H1B. Jan 9, 2016 · - When does my wife's EAD get processed? Is it processed after she moved to H4 on October 1st or is it processed after H4 is adjudicated, say late may or early june? >>> If your H1B is a brand new H1B that is subjected to CAP, then your status won't change to H1B / H4 until Oct 1st. Your new employer must apply for the cap-exempt H-1B with USCIS, and you may commence work after its approval. We would like to show you a description here but the site won’t allow us. when i was Hi folks! Need a help - I worked on H1B from 2010-2016 and moved to H4 EAD in 2016. Jan 17, 2024 · After he took office in 2017, Trump’s immigration policies increased the denial rate for H-1B petitions for initial employment (typically new employees counted against the annual H-1B cap) to 24 . My husband got approved I-140 from company A, with which he is working as Full time employee. when i was Jul 18, 2025 · H1B to H4 EAD Conversion: Benefits, Comparison, and Pros and Cons Considering a switch from an H1B visa to an H4 EAD visa? Explore the benefits of this visa conversion, examine the pros and cons of both options, and discover real-life examples to help you make an informed decision. If the H4 can show or acquire sufficient credentials and experience and find a dedicated cap-exempt H1B sponsor, they should take the plunge. Cap Exempt New H-1B If your H-1B visa has expired within the past 6 years, you are eligible for a new cap-exempt H-1B. You would need your approved i140 to file this H1B change of status application. Also I have approv Hi folks! Need a help - I worked on H1B from 2010-2016 and moved to H4 EAD in 2016. to immediate family members (spouse and children under 21 years of age) of H-1B visa holders. Can I directly apply for change of Status? Or should applying for H4-EAD first and then get sponsored for H1B! Aug 30, 2022 · Since my husband’s current I-797 expires in Feb 2024, if he moves to an H4 visa, can he transfer to an H1B visa in cap-exempt quota any time till Feb 2024, or even after that since he has an approved i140 or not at all? May 7, 2022 · Also read: H1B to H4 Change of Status In conclusion Transferring status from H4 to H1 can be tough for H4 holders, but it is worth the effort if they are successful. 5 months Jul 9, 2015 · You can start working on H4 EAD. Will the 6 months period after I-140 approval kick in only when I move to an H1B visa, or does it apply when I am on a H4 visa with EAD? 3. Since you are on an H4EAD work permit, you can keep working on H4EAD status until your H1B transfer is finally approved and your status is changed to H1B. You need an employer willing to sponsor you, meet education requirements, and go through the H1B lottery system (unless cap exempt). Understanding how these two elements interact is important for individuals seeking employment-based immigration to the United States. Will that create any issues? Is it possible to change visa from H4 to H1B? Will I have to look for job positions related to my masters course only for H1B sponsorship? Aug 2, 2024 · Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Has been granted H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Mar 1, 2020 · I must say that your question and articulation is the best that i have seen so far on this forum. Please help with the following questions. The H1B visa is subject to an annual cap, but individuals who previously held H1B status and are returning to it within six years may qualify for a cap exemption, allowing them to bypass the lottery system. You can start working using H1B once it is approved and not on h1B receipt as you are moving from H4 Hi all, My employer is filing an H1B extension for me (start date Oct 2024) soon (safely before the end of June), which is why we are considering concurrently filing H4 and H4 EAD for my wife (though her H1B is valid till Feb 2024). Thank you in advance! Oct 8, 2023 · If you have any questions about the 240-day rule, you should consult with an immigration attorney. So you will remain to be in L1 / L2 until Oct 1st or until the H1B effective date (which will be on or after Oct What was/is the expiration date of the H-4 that is stamped in your passport? Did you try to use the H-4/EAD after you re-entered the US using the 'old' H-4 stamp in your passport? If so, you have problems. She had to travel to India for a family emergency and came back to USA on June 30th on H4. However, it’s important to note that you must be in valid status and not out of status for an extended period. However, it could be a risky move as getting a job is pretty hard in this market and I do not wish to lose up on a potential employment opportunity. H4 EAD may get denied if she is not in H4 status when her EAD application is adjudicated. Now working on h4 ead. Since both have H1B+I140 already, what do you mean by companies not sponsoring H1B? Customer: My spouse has approved H4 EAD approved till 2025, she got picked in H1B lottery this year and employer is filing her h1b petition, at what stage will she be cap exempt. We are now planning to move to a Feb 19, 2021 · Can I apply for H1B cap exempt while on H4 visa pending status? Summarized by AI from the post below Sri Kanth H1B Visa 2025, 2026 Community, Discussions 4y · Public what is the process to apply for h1b cap exempt while on H4 visa pending status? 0 reactions · 1 comment Shobhit Rastogi H1B Visa 2025, 2026 Community, Discussions 3y · Public Aug 21, 2017 · H4 EAD vs I-94 dates are different? if I did not receive H4 EAD can I go with an h1b cap exempt? I have h4EAD valid until Sep 30th, 2017, and my I-94 is valid until Oct10th 2017. Mar 8, 2017 · H1B premium will be halted from Apr 3 and rumors are there for revoking H4 EAD. With approved i140, you are eligible to file 3 year H1B extension. However, while I went through the lottery, my wife has a cap-exempt H1B and she has never gone through an H1B lottery. I have a valid L2 EAD and I am working for a non profit profit oragnization. I have never gone through the lottery for my H1B and have been wor 6 days ago · There's no cap on the number of EADs issued, so you can also renew it as long as your spouse remains on an H1B visa. I have some 11 months left on that H1B (6 years) if I consider the time Explore frequently asked questions about H-4 visas and EADs with GreenCardMaker's comprehensive FAQs. Apr 18, 2020 · Hi, My H4 EAD will be ending by Sept 30 th 2020. This would be her first H4 EAD application, though she came to the US on H4 and transited to her current H1B Nov 21, 2018 · I din’t know that you can apply for H4 EAD while still on H1B exempt. 4. H1B, H4 Visa Experiences - L2 EAD to H1B CAP ExemptHi Everyone, I have a question. While I am trying to find a job within a 60 day grace period I want to plan for the worse. Is it advisable to switch status from L2 EAD to cap exempt H1B, Please suggest the Pros and Cons. Recently I got new job and my new employer filed normal h1b (cap subject). Hoping to get on H4 ( non ead) and find a employer to transfer to H1b. See full list on path2usa. Sep 11, 2019 · If your husband remains in lawful H1b status, there should be no problem changing to H4. I want to change my visa status from H4 to H1B. Employer will still proceed with PERM and I-140, but this will take about 2 years from now Hi folks! Need a help - I worked on H1B from 2010-2016 and moved to H4 EAD in 2016. CAP Exempt petitions are generally complex, and it is highly advised to consult with an experienced immigration lawyer. 118,235 satisfied customers Customer: I wanted to get clarification for H1-H4 status change and back to H1. As for going to H-1B, although a petition will be cap-exempt . S. Therefore, I have always wanted to convert to H4 with EAD after my husband has received I-140. Or can I remain on existing H4 and work on existing H4 EAD by revoking the approved H1B and file H1B later with any employer when required with CAP-exempt? Thank you. Can you guys provide your inputs? May 26, 2019 · If I do COS from H1B to H4 to avail EAD benefit as my primary H1B holder has approved I-140, would I be H1B cap exempt, if I plan to switch back to H1B from H4 in future? Anyone applied H1B Cap Exempt for H1B extension (Using Old Petition) after 21-sep-2025? In My case, I am receiving RFE, My Company Saying In RFE they asking to pay $100000 for H1B extension. Given the current uncertainties and delays around H4 Ead, her Employer is considering to file H1 for her. Is there any possibility to start working early for new employer before October 1st. Please contact us today to schedule a legal consultation to discuss if your organization or the job could qualify as a cap-exempt H-1B. Specific May 8, 2023 · Hello, I’m planning to transit from a cap-exempt H1B to H4, as my spouse’s employer is filing cap-exempt H1B extension with premium processing soon (start date: Oct 1). I am struck these kind of issue. 3. COS to H4 with H4-EAD will be applied to continue the employment, by the time its approved, H1B will be expired. We also cover the options available for non-immigrant workers following the termination of their employment. , including tips on finding a sponsor, cap-exempt options, and transitioning from H4 EAD. They must prove they held H1B status in the U. What would be the best suggestion for my wife in this case. If she has not used the full 6 years, she is eligible for remainder period and she will be cap-exempt. This leaves us with 3 options best known to us: 1) Get H4 and H4-EAD (as my dependent)2) Transfer to another H1B cap-exempt company (Having a hard time finding a not-for-profit company)3) Apply for regular H1B lottery this year on April 2, 2018 (with a regular cap-subject company)Her I am currently on H1B (cap-exempt) visa, I am looking to change my visa status to H4 EAD since my spouses I-140 is approved. a. If my current employer files H1B on CAP Exempt in normal processing, can i continue working on H4 EAD until i get H1B Approval Thanks Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. I have both H4 & H4-EAD receipts and case is still under process. am I exempt from h1b cap? 2. I am planning to move to H4 EAD and want to know in case I have to move back from H4 ( EAD) to H1b would I be considered under cap exempt or are there any scenario Dec 19, 2024 · Explore USCIS's 2024 rule modernizing H-1B and F-1 programs, effective Jan 2025. A) Can I reactivate my H1 later,after working on H4 EAD?Till when (cap exempt)? b)Can a new employer file my h1b reactivation? We would like to show you a description here but the site won’t allow us. Question: 1. I have done my masters in US on H4 visa. In this article we discuss on what the number 60 signifies for H1B and other non-immigrant visa holders. In today’s video, I am going to share 3 Customer: If you are working using EAD and have pending I-485, are you eligible to switch to cap exempt H1B/H4 visa without impacting your pending I-485 (with an approved I-140)? What things must be considered before making this move? Answered by Guillermo Senmartin in 5 hours 1 year ago Guillermo Senmartin Principal Attorney at Guillermo J. I came to us in 2011 on h4. Can we file being in the country as well with existing different Mar 23, 2019 · She got an offer and company is wiling to file H1b for this year. We also provide legal services to file the CAP exempt H-1B petition. Key updates for employers, workers, and cap-exempt filings Dec 5, 2023 · Hello Team, I had my H-1B approved and my Visa Stamped in January 2018 from Employer A. h4 COS normally takes 10+ months and till that time H4 EAD cannot be used or approved. I am worried if there are any risks with this transition (want to minimize the risk of an employment gap). Jun 26, 2024 · H4 to H1B cap exempt You had an approved and stamped H1-B visa which was never utilized. Jan 14, 2025 · Skip the H-1B lottery with a cap-exempt visa. Her cap-exempt H1B visa is valid till August 13th, 2018. Will I be able to work until my H4 and H4 EAD is approved? Do we have to notify employer before it gets approved for change in employment visa status? How will it work once it gets approved? Will I have to quit job immediately? Jul 2, 2022 · My wife had COS from H4 to H!B on October 1st 2021 and was on H1B until may 9th 2022. Sep 24, 2025 · 1) Is H1B cap-exempt to H1B lottery-based considered a change of status? 2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. Compare the H1B and H4 EAD visas to determine which one may be a better fit for you. "After changing my status from H4 EAD to H1B using Cap exempt process, Will I be able to change my company? Is there any limitation in changing company?" Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. This post explains the pathways available for these spouses to gain work privileges in the United States and underscores the critical process involved in filing Form I-765, Application for Employment Authorization. when i was Everything About H1B Visa in the US: • Everything About H1B Visa in the US US Visas Simplified: • US visas simplified Immigration News: • Work Without EAD for H4 Visa - H4 Wor Jun 11, 2024 · Certain H-4 dependent spouses of H-1B visas can obtain employment authorization. Dec 13, 2023 · If you are working on H1B Visa in the US, you may be aware that you get a 60 days grace period, if you lose your job to stay in the US and find another job. If the employer is cap-exempt, the applicant can file anytime; otherwise, they must go through the annual H1B lottery process. From your answer above, can I assume that its possible to return to US with H1B cap-exempt (no lottery) anytime in future, say after 2 years ? Thanks. Jan 15, 2019 · My Husband moving from J1 to Academic H1b (cap exempt). But I never entered USA on that visa. How do I change from H1B (cap exempt) to H4 EAD? I am currently on H1B (cap-exempt) visa, I am looking to change my visa status to H4 EAD since my spouses I-140 is approved. Jan 3, 2025 · In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and Jan 3, 2025 · In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and Feb 27, 2019 · 3. It’s important to consult USCIS guidelines and Jan 24, 2025 · The following information addresses common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members. Unfortunately, his project is ending in March. is this a correct statement? Apr 22, 2019 · H4 to H1B change of status with approved i140 You can enter US on H4 and then file H4 to H1B change of status application in premium to get result within 15 days. Jun 15, 2021 · I have around 3 months of time left for my 6 years of h1b max out and recently my i-140 got approved with employer A ,working with him on H4-EAD and he didn't hold my H1B in the past and its been more than 6 months since my I-140 was approved. Do I need to wait till October 1st to get visa approved and start working. Jul 23, 2023 · Hi - Here’s our situation. Customer: If you are working using EAD and have pending I-485, are you eligible to switch to cap exempt H1B/H4 visa without impacting your pending I-485 (with an approved I-140)? What things must be considered before making this move? Dec 28, 2017 · I am currently working through H4 EAD. when i was We were thinking if one of us could move to H4 EAD since that will open lot of opportunities H4 EAD will have less takers than H1B imo. I received my H4 EAD recently but I want to continue on H1-B. She is currently working on H4 EAD. within the past six years to qualify. Since I have already got my H1B picked in 2014 lottery cap, my employer "A" agreed to change it using H1 Cap exempt. . when i was Apr 10, 2024 · Employees who previously had an H1B visa and are currently outside of the U. Senmartin, P. In your case, since you haven't had a significant break in your status, and you’ve maintained employment under your H-4 EAD, you are likely eligible for cap-exemption. Mar 20, 2025 · What is the H1B 60 Grace period by USCIS? Is it 60 days or more? What happens to H4? How does it work? How about other visa types: H1B1, L1, E1,E2,E2, O1, Others? Jan 3, 2018 · I went for stamping and got h1b approved in nov 2010 and is valid till July 2013. And if I travel out of US after H1B approval, can I still go for H4 stamping while still having my H1B approved (without COS & H1B i94). History: I came to the US on H4 (stamped) and transited to my current H1B, but never had an H4 EAD before. With pending PERM filed 365 days ago, your Employer can request a 1-year extension for you before the end Feb 25, 2022 · H1B CAP Sponsorship for FY 2024/2025 We invite IT Professionals with OPT, CPT, H4 EAD, L2 EAD, L1, J2 EAD, STEM VISA in US Mainland to apply for H1 Sponsorship. I have following concerns 1. She has valid EAD and is planning on utilizing that to continue to work. Jan 1, 2021 · Yes, I have an approved i140 + 180 days completed and also completing 6 year quota this month and returning back to India for 1-2 years. Now, a consulting company here in the US filed a cap-exempt H1-B transfer I-129 through Premium processing. She never got it stamped or travelled with it. However, whether the H1B is cap-exempt depends on the employer type and job role. Can i get work authorization as soon as he moved to academic H1b (cap exempt)? Is there any special cases for academic h4 (cap exempt) spouses getting their work authorization (EAD) or are they need to wait for I-140 approval like other normal H4 spouses to get their H4 EAD? Apr 9, 2022 · Yes. Learn more. What is the cost to transition from H-1B to H-4? The government filing fee for an H-4 visa application is currently $190. The consulting company has informed you that you can start working immediately after filing the case to USCIS i. Learn who qualifies, how to apply, and which employers offer cap-exempt roles in 2025. So change of status from H4 is possible irrespective of EAD. Vivek_Gupta2: With H4 EAD? Or should I move to H1B (cap exempt) with my current employer, and then be able to switch to a new employer? 2. In October 2019, I had entered the United States on a L-1B visa from Employer B. I have some 11 months left on that H1B (6 years) if I consider the time Dec 6, 2021 · But now when i move to H4 and take a break from employment or may be join soem other employer B on H4 only (of course with EAD), then this remaining period of H1B ( 6 years - 4 months) are counted as cap-exempt, ONLY if employer A (who initially did H1B) does not revoke. Dec 20, 2023 · The H1B counted in the H1B cap with H1B remainder time can change from H-1B to H4, come back to the US on H4, and later be petitioned by a H1B employer as H1B cap exempt without going through the lottery again. My wife and I are on H1B visas. This makes the H4 visa holder exempt from the H1B cap. But the employer is offering a Academic H1B visa. May 8, 2023 · Hello, I’m planning to transit from a cap-exempt H1B to H4, as my spouse’s employer is filing cap-exempt H1B extension with premium processing soon (start date: Oct 1). Jun 18, 2018 · 2. You can file H4 to H1B COS without H1B visa stamp. After her own I-140 gets approved, she can get cap-exempt H1B even after completing 6 years of H1B status. to WhiteFlower: PERM/I-140 and her status H4/H1B/any other/outside US are unrelated. May 17, 2017 · Hello Friends, I am currently on 7th year of H1B and have two approved I-140s ( with employer A and Employer B ( Current Employer )). I have some 11 months left on that H1B (6 years) if I consider the time Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. My visa got picked up in the lottery. Simplify your understanding of the process. 5 years of H1B time and your current EAD expires at the end of 2025, you are in an excellent position to initiate a cap-exempt H1B transfer as a backup while still retaining your H4 EAD status. Nov 21, 2020 · Can someone suggest me ways to work for an h1b cap exempt employer? Thanks in advance 0 reactions · 4 comments Anonymous participant H1B CAP 2024 / GC /H4 EAD/H1B Transfers 1y · Public Anyone interested to transfer my H1B Samantha Rai and Mia Evans 2 reactions · 12 comments Can anyone transfer my remaining H1B period from 2016/2017? Summarized by AI from the post below Chinmay Shah H1B Customer: hi, i got h4-ead for 3 years and h4 visa also for 3 years . 3 days ago · Hello guys, right now I am working for a university on non profit h1-b (cap exempt). The employer can also file a cap-exempt petition for you and get change of status from H4 to H1. You quit the H1B sponsor employer and came to the US on an H4 visa as a dependent. Just wanted to get some advice if I am eligible to apply for COS from H4 to H1B Cap exempt. Currently I have received a job offer from H1B cap expempt employer. Q1:Can I transfer from H4 to H1 to new employer B Hi, my spouse's employer will be filling for his H1B cap exempt PP and I'm planning to apply for my H4 and H4 EAD concurrently. My current H1-B visa is valid till May 2019, will I still be cap exempt after my current H1-B visa expires in May 2019 and I want to move my status from H4 EAD back to H1-B lets say in 2020? With increasing demand for cap-subject H-1B visas, it’s important to understand all your options for securing a chance to live and work in the United States. Both my H1B and my spouse’s H4 is valid till Jan - 2025. com Apr 26, 2024 · While the process can be complex, H4 visa holders have several viable pathways, including the annual H1B lottery, securing a job with a cap-exempt employer, or changing status to an F1 visa with CPT/OPT work authorization. I recommend to get H4 visa stamp simply because it helps you get on to H4 status faster than H4 COS approval. If you are an employer: you will need to 1) verify whether you are a cap-subject or cap-exempt employer due to the nature of your business, and 2) verify whether your prospective employee is cap-subject or cap-exempt. She was always on H4. H4 to H1B cap exempt Hello, I am currently waiting for my spouse’s I140 to get approved and the next step well be to apply for H4 EAD which will take an year to get processed. Feb 13, 2025 · Transitioning from H4 back to H1B status involves understanding cap exemption rules. Apr 10, 2024 · Transitioning from H-1B to H-4 Visa FAQ What is an H-4 Visa? An H-4 visa is a visa issued by the U. With an approved I-140 and current H4 status, a person may apply for a change of status (COS) to H1B if they have a valid job offer. H4 EAD is not a special status, it is just H4. My I-140 is approved and my spouse has H4 EAD based on the cap-exempt H1B. I never worked on this h1. Jan 1, 2019 · Quick Overview: Converting from H4 to H1B Visa Converting from an H4 to H1B visa isn’t a direct conversion but rather applying for a new visa category. Oct 2, 2025 · When comparing EAD vs H-1B you might find many differences and similarities which could be beneficial or negative to your case. This will be cap-exempt. Jun 25, 2025 · Explore 3 practical ways to convert from H4 to H1B visa in the U. These rules will take effect just before the change in presidential administration. Currently in 60 days grace period1) If I apply for H4 change of status, in case I get a new job within the 60 days can my new employer file H1b transfer? Can both H1 and H4 be processing at the same time?2) If I get a job after 60 days grace period, what is the process to change to H1 from H4 Nov 21, 2022 · While on H4 (waiting for H4 EAD), I got an offer from a Non-profit, who sponsored my H1-B (cap-exempt) visa, Two months back, I started working on H1-B. Can I transfer from h4 to h1b? 3. b. Can you please help. Of course in order to get it your spouse must have an approved I-140 or extension beyond 6 years. This leaves us with 3 options that are known to us: 1) Get H4 and H4-EAD (as my dependent) 2) Transfer to another H1B cap-exempt company (Having a hard time finding a not-for-profit company) 3) Apply for regular H1B lottery this year on April 2, 2018 (with a cap-subject company) Given that you have only used 1. Jun 26, 2024 · H4 EAD to H1B transfer, Start work on Receipt date? You can apply for an H1B transfer while on H4 EAD. Hi Guys, Could some one help me understand , if i can goback to my expired h1 from H4 EAD? I am currently in the USA and working on h4 EAD , 1. Apr 28, 2018 · You can file an H1B extension after 6 years easily with an approved i140. Jan 28, 2020 · Hi - My spouse has an approved H1B petition from 2014 October. apply for H1B extension in premium ( Cap Exempt, right?) before Apr 3 or Continue working with H4 EAD ( wait for the decision on H4 EAD and apply for H1 later)? Jan 2, 2025 · In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and employment authorization documents. Current H1B expires in next 3 months after utilizing complete 6 years on this H1B, there are no re-capture time left on this, not even a single day. Like Qualcomm kumkalakuNov 20, 2018 FYI. I quit my job in July 2023. As the title suggests, I am currently working for a hospital on a cap-exempt H1B and wanting to transition to a H4 and H4 EAD (applied Dec 12th 2023). when i was Hi guys, I have a question regarding moving from cap exempt to cap subject H1B. Hi everyone How easy it is for that employer to change H4 (non ead) visa back to H1b if I was already picked up in the lottery in the past? Context: I was recently laid off in H1B. 2. Learn the process, strategies, and impact on your future work status. A. Can I resign my job and wait for my H4 and H4 EAD which I’m expecting would arrive in a 4-6 weeks time (provided no RFE)? Also, could someone tell me what the processing timeline looks like for Cali center? I have already crossed 3. Can I transfer now? Thanks. Nov 25, 2019 · In future , if h4 ead is terminated , can i file Out of Cap/Cap Exempt H1 (or) Do i need to have h1 stamped atleast once , to be eligible for Cap Exempt H1 ? I only understand that Out of Cap/Cap exempt H1 can be applied for underused H1 duration of 6 yrs and away from country. If you get another cap-exempt H1b job offer, you can file to change status from H4 to H1b. I am planning to apply for jobs providing H1B sponsorship. With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago. Nov 10, 2022 · Our experienced immigration attorneys will work with you based on your eligibility. Is she cap-exempt for H1b, as her H1b was selected last year in lottery and no she is on H4 EAD? Jan 17, 2025 · The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. May 30, 2019 · I am on cap-exempt H1B, which greatly restricted the industry I can work in. Q1:Can I transfer from H4 to H1 to new employer B Sep 29, 2023 · I recently got laid off after 9year of employment and my employer has withdrawn my H1b petition, I was not able to find new employer or job in the 60day grace period so I applied for H4 COS through my spouse. Apr 1, 2022 · I am planning to transition from cap-exempt H1B to capped-H1B - moving to different companies as well. Also, GC has nothing to do with whether you are on H1 or H4. Mar 11, 2019 · 1. can ask their employer to file a cap-exempt H1B petition. If she wants to move to H1B in future with any employer, will she fall under cap exempt as she was on H1B for almost 7 month, even though she Now, if you’ve spent some time in the US on H4 Visa, I’m sure you’re aware that it’s quite difficult to convert from H4 to H1B visa in USA. Thanks for the info. Technically it will not be a change of employer (aka transfer) petition but a new cap-exempt petition with change of status from H4 to H1B, if she has not exhausted the 6 years of H1B term or has a approved I-140. They can file my cap exempt H1B . e My current visa status is H4. make sure u post date start date for h4 and h4-ead so that your wife doesn't have to take break from work while during transition 2 Expedia HejwknllNov 20, 2018 Oct 13, 2025 · Learn the most frequently asked H4 EAD questions regarding work permits for H-4 dependent spouses including fees, process & more! We would like to show you a description here but the site won’t allow us. H1b visa approved2017, never activated—left US before 1st October2017, still Cap-exempt? Hi I need information about h1b that was approved back in 2017 but never activated. Learn about H4 Visa Employment opportunities, requirements, and benefits for spouses in the US. Now due to the recent H4 EAD revoke process (not official yet, DHS submitted the H4 EAD revoke rules to OMB, still waiting) I am working on changing my status back to H1B. May 26, 2019 · A: Yes, if your employer files a cap-exempt H-1B petition for you based on the approved I-140 and you and your spouse return to the US in H-1B and H-4 status, your spouse should be eligible for the EAD. Will I be cap exempt if my current employer applies for my H1B? Question: If I decide to pursue H1B cap exempt (Currently on STEM OPT), can I concurrently work for cap subject employer on a part time, while having my cap exempt job? Aug 7, 2025 · Guide to recapture the unused H1B Visa Time - How to applying for H1B visa as cap-exempt? Details on Official Rule from USCIS, Documents checklist, Proofs, FAQs. Mar 11, 2020 · Let's say beyond H1b grace period, H4 COS is approved, if I find an employer who can sponsor H1 visa, can the employer file an H1b transfer? Since I-140 is approved, I am exempt from h1b cap. abm bbhvtv tbkzd aofcte gnki ycmwluh mcjysgi nkjyker gtvx vcta tnrjbbn xkg pwap xcwgx iwka