H1b to H4 to H1b with approved I-140

[Dee85]

Currently on H1B visa with I- 140 approved (Date: Nov'2012). When my I-140 was approved, I was with Employer A (the I-140 was filed when I was working for Employer A).

In July'2016, I switched employers and got a H1B extension. My current H1B expires on July'2019. My wife is on H1B visa as well.

 

1) If I quit my job or get terminated, do I need to change my status to H-4 visa right away i.e. on my last day at work or I can be on H1B status for 60 days and find another job?

2) Can my I-140 be cancelled or revoked or withdrawn by employer A? Its been approved for 4.5 years now

3) Once I am on H4 visa, can i change back to H1B visa using my approved I-140 (filed by employer A) and get 3 years H1b extension assuming I find an employer willing to hire me? Will i be H1B cap exempt?

4) Will it create any issues changing visa from H1B to H4 visa and back to H1b when I file my I-485 in the future?

5) If my wife gets an approved I-140, then can I apply for H4 EAD?

 

Thanks

Dee

[Dee85]

Would appreciate if someone can respond.

[shekar11#]

On 2/6/2017 at 4:38 PM, Dee85 said:

Currently on H1B visa with I- 140 approved (Date: Nov'2012). When my I-140 was approved, I was with Employer A (the I-140 was filed when I was working for Employer A).

In July'2016, I switched employers and got a H1B extension. My current H1B expires on July'2019. My wife is on H1B visa as well.

 

1) If I quit my job or get terminated, do I need to change my status to H-4 visa right away i.e. on my last day at work or I can be on H1B status for 60 days and find another job?

2) Can my I-140 be cancelled or revoked or withdrawn by employer A? Its been approved for 4.5 years now

3) Once I am on H4 visa, can i change back to H1B visa using my approved I-140 (filed by employer A) and get 3 years H1b extension assuming I find an employer willing to hire me? Will i be H1B cap exempt?

4) Will it create any issues changing visa from H1B to H4 visa and back to H1b when I file my I-485 in the future?

5) If my wife gets an approved I-140, then can I apply for H4 EAD?

 

Thanks

Dee

1. You have 60 days to get a new job.

2. No.

3. Yes. You will be cap exempt.

4. No issues.

5. Yes. But you need to convert to H-4 status before you apply EAD.