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How to Change Back to H-1B Status Without Subject to H-1B Cap

Hi William:

I have held H-1B status for two years through a cap-subject employer. My wife is also in H-1B status. If I lose my job, can I change to H-4 status temporarily and then change back to H-1B status again without subject to the H-1B cap if I find a job later? 


If you lose your job, you could change to H-4 status as the spouse of H-1B visa holder (your wife), in order to remain in the United States legally. Once you find a new job, your new employer could file an H-1B petition in order to change your status from H-4 to H-1B. 

This petition would not be subject to the H-1B cap. It could be filed at any time during the year, with any desired date for the start of employment, no requirement to start work from October 1st or file by April 1st. The same concept applies to individuals who change from H-1B to F-1 student status, who then wish to resume H-1B status at a later time.

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