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krisk2p

H1 RFE - Looking for options if there is H1 Deny

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I have an H1 RFE and want to know my options if there is H1 deny in my case. I have my I-94 valid till June 30 2019

I have my I-140 approved with priority date 2013

My wife is on H1 and applied her H1 extension and waiting for the result, her I-94 is valid till June 30 2019

My wife have I-140 approved with priority date 2018

I have few questions in case my H1 gets deny

1.       Can I convert to H4 and apply for H4 EAD; does H4 EAD will remain longer?

2.       Do I need to go back to my home country for converting to H4?

3.       What will happen to my I-140 Green Card status if I convert to H4?

Appreciate if you can respond back to the above questions and with any other possible options I have in my case. Thanks for your time and consideration.

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1. Yes you can do that. No one can answer how long EAD will be in play 

2. That's fastest way to get H4. If you do not wants to go apply COS to H4 before your I94 expires 

3. GC process is independent of H1/H4. You can use it in future anytime. 

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