Currently in H4 EAD, what is the Status after I-140 apprved

[bsr123]

Hi Team,

 

I am currently in H4 EAD and working.

 

My Perm was filed only during my 6th year and got into Audit. in 8th year my Perm is approve and applied I140 in premium. When my I140 was filed, my attorney applied as "Alient is in US and will apply for adjustment of status to that of lawful permanent resident".

 

when my I140 gets approved,

 

Q1.What will be my status? H1 or H4? my I-94 from H4 is valid till Oct, 2016.

Q2. If my status changes from H4 to H1, Do I still need to file for an H1B extension?

Q3. During my extension, what would be status and can I stay based on my H4 I-94?

 

 

Appreciate your comments on this.

 

 

 

 

[bsr123]

Experts, any comments please?

[pontevecchio]

.The I-140 has nothing to do with status. You are eligible for 3 year extensions based on approved I-140. Any employer would need to file your H1 with COS from H4 and get it approved for you to get back in H1 status from H4.

[permaudit]

You will be on H4.

 

Q1. Your status will not change to H1 unless your employer applies for a H1 petition. 

Q2. If your employer apply for a status change, then you would need to extend it based on the H1 petition expiry date.

Q3. You will still be on H4 till your COS H1 petiton is approved. If your H1 petition does not approve beyond Oct 2016 then I think you would be in a complicated situation(I think an attorney would be able to help you answer) If you can renew your H4 and H4 EAD while your H1 COS is in process, it would be great.. Not sure if we can do that.. Get int touch with an attorney.

[bsr123]

Thank you so much usimmi14 and Pontevecchio.