I-140 on h4 status

[ap_reddy]

I'm on H1B status with company X and my perm was was filed with same company a month ago ( not yet approved). My company announced layoffs now(  last working day by 7/31/2018) , so planning to move to H4 -EAD. My company is Ok to file I-140( in premium processing) once  PERM approves.

Is it OK to file I-140 on H4 EAD status?

[IamNotAnAttorney]

@ap_reddy PERM needs an average processing time of 4 to 6 months, which is quite close to your last working day. You may extend your H1B for a year with the same employer if the PERM is approved. But, if you are no longer staying with your employer, how can they file your I-140? they will need to submit proof of statements showing ability to pay along with your current paychecks, this really sounds fishy..

lets say your I-140 is approved, most companies will not take you within 6 months of I-140 approval. Get things clear with your attorney.

[adshah84]

Yes your employer can file I-140 on H4 EAD status.