Initiating GC while on H4 EAD


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Hi All,


Thanks for taking your time on reading my query.


I am currently working for an Indian IT company and have over 11 years of experience. My 6 years of H1B is expiring on Sep 2017. My Company said they do not have slots to initiate my GC, so I am looking at my options to see what can be done. 


My spouse has 140 approved and I am eligible for H4 EAD. My Manager gave couple of options right now


A. Get H4 EAD and work on my company and they will initiate GC for me when slot is available.

B. Join some consultancy and ask them to file my Labor and continue working on the same project on a contract-to-hire basis and after my I-140 is approved Join my employer back as a local hire.

I need some guidance on choosing which options to choose. Can someone let me know the pros and cons of both options and which is less riskier.


Few questions


1. How long it takes currently to get H4 EAD while converting from H1 and what is the best way to minimize my time where I cannot work. My spouse H1 petition is valid till Feb 2018.

2. Is it legally possible for my employer to file GC while I am already working on H4 EAD?

3. If my company initiates my GC, will it have any impact renewing my EAD status.

4. I am getting lot of calls from consultancies offering to do GCs, is there a way to identify companies which are good and have good approval rate for their GCs. Lots of companies do not have numbers on but they say they have lots of contractors on their payrolls.


Sorry for lots of questions but appreciate any help on these.

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  • 2 weeks later...

my husband h1b has to be reinstated ,(all things about reinstate and validity has been taken care) when we first applied two years ago in out h1b file, we didnt have any kids,know we have a baby and he was born in canada,next month my husband travelling to united states ,when employer applying for reinstate h1b ,how we gonna inform about our son ,as a canadian citizen he do not need visa to travel ,but as per  my knowledge we both are indians .question is which visa my son will be holding ?

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Your child will get a H4 I94 on entry into the USA and will be in H4 status here. Canadians do not need a visa in most cases and are admitted in appropriate status at the border. Having said this, nothing precluded you from getting a H4 visa for the child. In your position I would run this scenario by the firm of Murthy in Chennai in the interests of abundant caution.

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