cos from 485 ead to h1b


mdr

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Hello,

I have pending I-485(I-140 approved) since 2012 and currently on H1-B about to expire in april 2017.  Back in 2012 I was not married so I could not file I-485 for my spouse. She is currently on her own h1-b. I am planning to move to 485-ead from my h1-b. Just wanted to check in future for any reason if my spouse needs a H4 can I again covert back to h1-b from I-485 ead? If yes will that be a h1b extension based on my approved I-140 or will that be new h1b petition which comes under the cap?

 

Thanks a lot for replying to my question

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There have been 2 ways the USCIS has dealt with this issue. The filing of a non cap H1 petition and approval has been in some cases associated with an I94. In this case you go into H1 status. In other cases there is no I94 and then you leave and return with the visa. Since I assume your spouse is important enough in the scheme of things why not actually discuss ways and means with a Lawyer?

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