Applying H1B, while GC i-485 Pending


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Hi - My wife has I-140 from old employer and was under H1B till 2017 before moved to H4 EAD. When we applied GC I-485 (EB2 to EB3) late last year, my wife had active H4 EAD. However, her H4 EAD is expired now (Sep 30) and out of job due to inactive work status. 

My employer applied her H4 only not H4 EAD, since they already filed I-485. We are not sure when GC EAD will be available, so was wondering about the following questions. 

1. Her current employer willing to apply H1B (Premium Processing). We are wondering, if this is good idea to apply H1B, while she is currently has I-485 (GC) pending at USCIS. Not sure if her new application for H1B will impact current application I-485 or GC. 

2. She is past 6 years in her H1B and she got extended H1B after she got I-140 approved. Not sure if she can still use her approved I-140 (with old employer) to get H1B with current employer (who didn't filed her I-140)

3. What if she gets GC EAD in November while H1B is pending? Can she revert that or should we continue to pursue with H1B? The reason for this question is, as many advised in forum to stay under H1B (even with GC EAD) until fully gets GC. 

4. Last question, Any risk to her status, if any (H1B application, GC I-1485 etc got denied?

Appreciate for quick response, because we are in desperate situation and need to make a decision this week to avoid any further delays. 

Edited by Bsrikantha
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Applying for H1B extensions/ I-485 / H4 / H4- EAD will effectively delay and stall all of her applications.

On 11/2/2021 at 8:01 PM, Bsrikantha said:

because we are in desperate situation and need to make a decision this week to avoid any further delays. 

I suggest to not rely on public forum if the you're desperately looking for solution, consult qualified attorney to find a solution that fits your situation without jeopardizing immigration status. 

Good luck

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