Options in H4 EAD

[ramya_ramya]

Hi,

I have exhausted 6 years of H1B and am going to convert my status to H4 EAD.  As H4 EAD visa is dependent on your spouse's job, I want to convert my status to any other visa which gives me independent work permit (like H1B, L, or GC)?

Could you please confirm if I can apply for any work permit visa while I am on H4 EAD, without travelling oustide US and after having used 6 years of H1B.

[JoeF]

If you have used the maximum time on H1, you can NOT get another H1 or L1 unless you have been out of the country for at least a year.

A GC takes lots of years, depending on where you are from.

And the H4 EAD requires that your spouse has an approved I-140.

 

[ramya_ramya]

Thanks for  reply.. I heard from one of my friend that if we apply GC on H4 EAD and once it has reached I140 stage then we are eligible to apply H1B.. Is this info correct?

[JoeF]

If you have an approved I-140, an H1 can be extended past 6 years.

Your spouse's I-140 can not be used for that.

 

[ramya_ramya]

Thanks for reply.. As per my friend if we have an approved I140 and this I140 is applied on  H4 EAD status  (not on your H1B/spouse H1B ), then you are eligible to apply fresh H1B , even after exhausting 6 years of H1B.The logic per my freind is once you have I140 , the H1B previous years does not  matter.. Please confirm if you are aware of any such rule..

[kiran_ind]

12 hours ago, ramya_ramya said:

Thanks for reply.. As per my friend if we have an approved I140 and this I140 is applied on  H4 EAD status  (not on your H1B/spouse H1B ), then you are eligible to apply fresh H1B , even after exhausting 6 years of H1B.The logic per my freind is once you have I140 , the H1B previous years does not  matter.. Please confirm if you are aware of any such rule..

I think your friend is right, according to the new rules that were effective on 1/18/2017, with approved I-140 one can extend H1B status beyond 6 years even when you are not maintaining your H1B status at the time of the petition.

Hope this helps.

[ramya_ramya]

Thanks for Confirmation.