mdr Posted February 6, 2017 Report Share Posted February 6, 2017 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 Link to comment
mdr Posted February 8, 2017 Author Report Share Posted February 8, 2017 @Attorney_15 Can you please answer this? Link to comment
pontevecchio Posted February 8, 2017 Report Share Posted February 8, 2017 You can have an employer ""convert"" you to H1 status non cap. If you need a specific lawyers help, please call and make an appointment. Link to comment
cap-gap Posted February 8, 2017 Report Share Posted February 8, 2017 EAD based on 485 is not a "status"..so you will not be able to apply for COS to H1.. you will be able to apply for H1 and then go outside to get a stamp and I94.. Link to comment
pontevecchio Posted February 9, 2017 Report Share Posted February 9, 2017 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? Link to comment
mdr Posted February 10, 2017 Author Report Share Posted February 10, 2017 Thanks a lot for replying back. As long as there is a way to come back to h1b I am fine. Link to comment
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