H1-B unused time recapture and extension under I-140

[jhouston]

Hello there,

I had an H1-B valid till Sep 2014. However, I left US in Mar 2014 to work for the same company in a different country and I am currently on this job. When I left US, I had close to 8 months of unused time on my H1-B. While I was in US, the company also started processing for my GC under EB2. My I-140 was approved recently. I am now looking to come back to the US to take up a job with the same company. I have the following questions for the experts / attorneys here;

1. Can I apply for H1-B anytime now with cap-ex since I have 8 months of unused time? Or do I have to wait till Apr 2017 to apply for H1-B?

2. Once in US, can I extend my H1-B since my I-140 is approved?

3. Once in US, can I apply for EAD for me and my wife (who would be in H4)?

Many thanks,

Jhouston

[adshah84]

1) You can apply for H1b any time. No need to wait till Apr 2017

2) Yes

3) Only for your wife. You will be on H1b only. You can apply your EAD only when your priority date will be current. 

[jhouston]

Thank you for the prompt response adshah84.