H1-H4-H1

[Tindiboy]

Hi

My H1B started in 2005(unclear if lottery or exempt), I-140 approved from prior employer. Changed to H4 in 2013 and now currently on H4 EAD, pending extension. My current employer is willing to file H1 B for me.

 

1. Will this H1B cap or exempt?

2. Can i apply H1B with GC filing?

3. What will happen to my H4EAD extension in the process?

 

Thanks.

[rachita.dhawan]

 

20 hours ago, Tindiboy said:

Hi

My H1B started in 2005(unclear if lottery or exempt), I-140 approved from prior employer. Changed to H4 in 2013 and now currently on H4 EAD, pending extension. My current employer is willing to file H1 B for me.

 

1. Will this H1B cap or exempt?   This will be cap exempt. I did this whole thing myself.

2. Can i apply H1B with GC filing? My new employer did my H1B and now, they are filing from I-140 too

3. What will happen to my H4EAD extension in the process? if you apply H1B while H4 EAD is in process, if H1B comes through, you can ask them to cancel your other application. But as long as H1B doesn't come through, you should stay on EAD. And this question is good to ask your lawyer. Its about how they or you will communicate to USCIS.

 

Thanks.

added answers

[Tindiboy]

Thanks for the response. Greatly appreciate it.