H1 with approved I140 - H4 EAD - H1

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I have these questions regarding my wifes  immigration status , She is currently working for a company and is on h1b visa , she plans to quit the job and move to H4 as a dependent on my H1b

Can you please help me with the below questions

  1. Can my spouse go back to H1b at later point ? Does she need to go via lottery pick for H1b ?
  2. Can she join the same employer ?
  3. My Spouse has her I140 approved (more than 6 months )though her current employer , can she still use the same priority date in the future to file for I485 once its current ?
  4. Can her current employer revoke her H1b and in-turn revoke her I140 ?
  5. My H1b will expire in April 2018, can we file Nicole’s h4 and my h1b extension together ?
  6. Can h4 COS and H4 EAD filed concurrently ?


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1. Subject to the total of 6 years in initial H1 status and I do not mean time, she can have a H1 Sponsor file a non cap H1 petition in future either with COS or for CP and she can join after approval with COS or after returning with a H1 visa.

2. She can join any employer who will file a H1 petition for her.

3  She retains the same PD for a subsequent GC filing. If her current employer intends for her to join them on getting the GC, she can file for AOS at the appropriate time.

4. Yes, but her ability to get H1 extensions with other employers till the current PD is current is not restrained.

5. Yes

6. Yes in case of PP, I suspect.

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I have a similar question and badly need help. My wife is on her sixth year on her H1B, which expires in Nov,2018. Due to some mistakes from the attorney in the initial GC process, they have decided to cancel her current GC process and start over her GC process in Jan,2018, which leaves only 10 months for the entire process until I-140 gets approved. Considering this as a risk, we are thinking of converting her to H4-EAD for the time being, based on my approved I-140.

1. My H1B renewal is due in Apr, 2018. 
2. Can I convert my wife's status from H1B to H4-EAD without her taking a break from work?
2. I have heard from some friends that I can concurrently file an H4 & EAD applications for her requesting a future date of approval. How does this work?
3. If this is possible, can she convert back to H1B once her I-140 is approved?

much appreciate your advise. Thanks!

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I am in a kind of similar situation: I recently have moved to H1b extension, my wife is on her H1b but my I-140 is still valid (not canceled) by my previous employer:

  • could I get my wife's H4 EAD based on my previous I-140 approved
  • is it possible for her to get on H1b down the line and not coming under lottery.

Any help or guidance on this is highly appreciate and thanks in advance.

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