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i changed my h4 to h1 and working for past 2 years. now i am going back to h4 for personal reasons. my i140 is applied not approved.if i move to h4 and want to go to h1 again in future will i be cap exempt or not. please help

asked in H1B Visa by (180 points)

1 Answer

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yes it would be cap exempt as full 6 years has not been utilized.
answered by (4.2k points)
Thank you!!and it doesn't matter that my i140 was in progress bUT not approved right. Not sure why my lawyer said I will not be cap exempt. Thanks!!
You still have remainder years in H1B. I think you would be cap exempt.

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