h4 to h1 to h4 -future h1

USA H1B Visa
1

hi,

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

thanks

2

yes it would be cap exempt as full 6 years has not been utilized.

3

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!!

4

You still have remainder years in H1B. I think you would be cap exempt.