Immigration Issues/H1 to H4 to H1


My wife is currently on her 4th year H1B.

1)If she transfers to H4 and gets another job offer say 6 months later, does she come under the H1B quota?

2) Would these 6 months on H4 count toward her 6 years for H1B?

3) If she doesn't go on a H4, how long would she have (to maintain legal status) to go on another H1B after quitting her current job?


1.  No
2.  No
3.  Technically, if her H1 employment ends she is out of status.  However, if she loses her job, she should either file for H4 or find a new one quickly and file for a new H1 asap as a very brief laps could be overlooked.  
Good luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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