H1 extension denail

[Saranyadevi]

Hi,

 My H1 extension is denied (not sure about my role, wage level or denial reason.. it’s with my employer)

I94 expiry - oct 2018

6 year max out - oct 2018

I140 status - approved 

spouse status - Valid H1 approved petition till April 2021. approved I140

could you please help me with best option to return back and work in US

1) can I go with H4 EAD processing or H1 not subject to CAP?

2) or can I do both in parallel?

3) how does one approval prior to other impact my status?

 

Thanks a lot for all your help

 

 

[shekar11#]

11 hours ago, Saranyadevi said:

Hi,

 My H1 extension is denied (not sure about my role, wage level or denial reason.. it’s with my employer)

I94 expiry - oct 2018

6 year max out - oct 2018

I140 status - approved 

spouse status - Valid H1 approved petition till April 2021. approved I140

could you please help me with best option to return back and work in US

1) can I go with H4 EAD processing or H1 not subject to CAP?

2) or can I do both in parallel?

3) how does one approval prior to other impact my status?

 

Thanks a lot for all your help

 

 

Go out of country first and then get a H-4 visa stamping done since you have a expired I-94. After that you can search for new employer and get a new H-1 or apply for H-4 EAD.

[Saranyadevi]

thank you for the response. H4 EAD option seems to take a minimum of 6 months. 2 months wait time for H4 stamping and then 4-5 months of EAD processing. So while that is on and I get an offer, can I apply for H1? Can I have these two go in parallel? What if 1. EAD gets approved first

2. H1 gets approved first

what are my options in both cases? Will one of them revert/change the status of other? 

[shekar11#]

On 4/22/2019 at 8:13 PM, Saranyadevi said:

thank you for the response. H4 EAD option seems to take a minimum of 6 months. 2 months wait time for H4 stamping and then 4-5 months of EAD processing. So while that is on and I get an offer, can I apply for H1? Can I have these two go in parallel? What if 1. EAD gets approved first

2. H1 gets approved first

what are my options in both cases? Will one of them revert/change the status of other? 

Yes, you can apply for H-1. But make sure you withdraw your H-4 EAD application when you apply for H-1.

[SPV]

Hi, Yes you may apply for H1 with valid offer at any time- it will be COS as you are on H4. H4 to H1 change.

1. If your EAD gets approved first then you can start working on it.

2. If your H1B approved first then you can work start work on it. EAD is not a status, as you already changed from H4 to H1B I believe EAD is not valid because you should be on H4 status in order to use EAD. 

Please note that this is not a legal advise but just my opinion.