h1-B 6th year extn and EAD question


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This is my case,

  • I have approved I-140, and my I-485 (filed in 2007 ) is pending on EB3 with priority date Jun 2006.when I applied for I-485 , I was not married. Now I am married and my wife is on h4. I also have a valid EAD.

  • I am currently in my 6th year of my h1b and I have only four more months left.

  • I applied for H1 extension and got it extended till 2014 and my wife's h4 is also approved till 2014.

  • My wife has not been added to my I-485 as the dates has not become current for EB3.

Now, I got a full time opportunity in one of the big company. They want me to use my EAD or transfer my h1 to one of their preferred venders, if I want to do consulting. I am wondering what my options are.

  1. Since I am in the 6th year of my h1. If I transfer my h1 to a new company, would I be able to get 3 year extension based on my already approved 140 or will it be just approved for 4 months.

  2. If I start using my EAD, will my wife loose her h4 status.

Thanks a lot guys.

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Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, if an I-140 petition was filed on a beneficiary’s behalf in the first three employment categories and the I-140 is approved, but due to the per country limitations is unable to adjust status, the individual would typically be eligible for a three year extension of the individual’s H-1B status. However, the I-140 must be valid at the time the new H1B petition is adjudicated. Therefore, to ensure your ability to obtain an H1B change of employer petition beyond the normal six year limitation with company B it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any changes. Please also be aware that once you utilize your EAD for work authorization you are no longer considered to be in H1B status and therefore your wife would not be maintaining H4 status.

The Murthy Law Firm has very well-regarded Green Card and H1B Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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