I have an approved I-140 and have been in H1B status for 9 years. I may need to move to H-4 status temporarily for personal reasons. Can I move back to H1B later based on the approved I-140?

Answer

Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)

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