I applied for H1B in 2007 and switched to H-4 in 2009. Is it possible to renew the same H1B now? Also, my husband has applied for GC and has cleared I-140. Does this help?


A person who had an H1B petition approval in 2007, but did not use all the six years of time, should be able to have an employer file a new H1B case and not have to be counted against the H1B cap or have to worry about the H1B lottery. There is a technical issue on the timing of the initial H1B approval, but it is rare for that to cause complications. The spouse having filed a GC and obtaining the I-140 approval will help the principal GC applicant to obtain H1B extensions on the basis of the I-140 approval. Family members generally cannot enjoy the benefit of the I-140 approval to obtain H1B extensions of status on that basis. (17.Feb.2014)

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