Change of status to H4 and to H1 with approved I140

[Appu1217]

I am in my 6 th year of H1 with I140 approved with employer A. Currently, I am on maternity leave and would like to take a 6 month - 1 year vacation to take care of my baby.

1. Can I change my status to H4?

2. What will happen to my I 140 approval and greencard process, If I change my status to H4.

3. After my vacation, can I change my status back to H1. Will I get a 3 year extension based on my I 140 approval.

4. Can I apply for change of status from H4 to H1 with new employer B.

5. How soon should I initiate green card process with new employer.

Thank you so much in advance.

[Attorney_11]

An individual is not required to work for the employer who is applying to sponsor their US lawful permanent residence but must have the intent to work for them when the green card is issued; consequently a change of status which will obligate the individual to stop working may be permitted in some circumstances. An I-140 approval is valid indefinitely so long as the terms and conditions of the petition and labor cert and the underlying job order remain valid. An individual may seek H1B classification beyond the sixth year with a new employer based upon an approved and valid I-140 petition filed by another employer. It may be helpful to discuss individual options with a qualified immigration attorney.

[shekar11#]

1. Can I change my status to H4?

Yes you can.

2. What will happen to my I 140 approval and greencard process, If I change my status to H4.

No issues.

3. After my vacation, can I change my status back to H1. Will I get a 3 year extension based on my I 140 approval.

Yes. You will get 3 year extension based on your approved I 140.

4. Can I apply for change of status from H4 to H1 with new employer B.

Yes.

5. How soon should I initiate green card process with new employer.

You can talk with your new employer about initiating the process. the sooner the better.