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Convert from EAD to H1

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Hi folks

I need help and clarification on a few things.

My priority date is Nov 2009 and I filed my I-485 in Apr 2012 when my priority date became current and after that, the priority dates were backdated. I got married in 2013 and my wife is currently working on H1B. I worked on H1B until May 2015 after which I started working on my GC EAD for couple of employers. My H1B was expired in Nov 2015.

My wife is currently carrying and planning to stay at home and hence trying to identify if I could switch back from EAD to H1B so that my wife could be on H4.

Can I apply for H1B now? Will I be exempt from the quota? What will happen to my GC if I switch from EAD to H1B now?

I know this is probably a complex question. But any of you folks out there with knowledge, experiences you may know of will definitely help me with my situation.

Thanks in advance for all your help

Edited by xoxo

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First thing you need to understand that there is one way street from H1b to EAD. It is transition state before actual Green Card. H1b is temporary work. So logically you cannot path of following:

Work temporarily - Use up all six years and let it expire - Use transition phase of EAD (Remember this was optional step) - apply for permanent status and while it is pending - ask for temporary status again to gain benefits so your spouse can apply for dependent. That is clear manipulation and abuse of system.

Edited by care_candidate

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You should talk to a lawyer. The only question is whether you are entitled H1 extensions once the PD is current and then retrogresses. Based on the fact that you were in H1 status till 2015, I suspect you can get back into H1 status once the company files and gets an H1 non-cap petition approved and you may need to leave and return with an H1 visa after petition approval. This would be the way to go under your situation.


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