H4 EAD I140 approval

[ramya_ramya]

Hello,

 

I have the below query:

 

My 6th year H1B is expiring on Sep 2017 and my PERM is not initiated. However my husband's I140 is approved and I am planning to convert to H4 EAD to work in US after H1B.

Once I move to H4 EAD status, I am planning to apply GC on my H4 EAD status . My query is if my I140 is approved based on my H4 EAD status , Can I get  H1B 7th year extension based on I140 of H4 EAD?

[directory0818]

When is your husband priority date? If your husband PD is close enough then you and your spouse could submit I 485 and you will get EAD again. A new perm+I40 would take at least 1 yr. I am sure your husband PD will be current by that time. Even if its not current you can still continue your work based on EAD via H4 status.

Why to waste $$$s to start a new gc application?

[ramya_ramya]

Thanks for reply. My question was Can I extend 7th year of H1B based on I140 of H4 EAD?

[directory0818]

Yes, you can. Also, please get attorney expert advice.

To extend H1b beyond 6th year: perm should be filed before 6th year completion OR I140 to be approved before 6th year completion.