H1B to H4 and then back to H1B using I140 approved


#1

HI I am currently on H1B with approved I140 and past 6 years getting extension based on approved I140. If I move to H4 to do my masters and then when I join the job again will I have to go through lottery or my H1B application will come under cap exempt and what will happen to the approved I140 in cases below.

  1. If I140 is cancelled by employer I understand that even than I can still use my original priority date for now new GC application whenever i am ready.

  2. If I140 is not cancelled by employer what happens to H1B COS for H4 .

Thanks for your help…


#2

You are cap exempt if you have an h1b and i-140. Withdrawing i-140 will not affect in any way if I-140 was approved more than 180 days ago