I was working in H1B and after 6years got exhausted, moved to H4 EAD and changed employer. I did not take break nor left USA. It has been a year i started working in H4 EAD… Can my employer apply I-140 for me since i will not be eligible for new H1B. without 1 year cool off period. Please suggest my options amidst plan to revoke H4EAD?
Yes , your employer can file for I140 while you are in EAD. I140 /GC process has no relation to your current visa status. I am surprised that you had not applied for I140 before max out if you had plans of continuing in the states after maxout.
Per my limited knowledge, your options would be
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Continue on H4 EAD until rule changes. I hope that your spouse has 797 validity and is not due for extension in the near future. Please understand that you cannot continue to work on H4EAD while the extension is in process.
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I am not sure if your employer is willing to file for L Visa. It also depends on your role and skillset, It will be a COS and a good idea to do a cable application , so you may have to travel to India during stamping.
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As you suggested, wait for the cool off and apply for new H1b.
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Not sure if doing advance studies is an option , you can go on F1 and then OPT. But I would go that route if your H1 does not get picked up in the lottery.
Hope this helps.
This is not a legal opinion
Thanks
I agree with you on getting I140 while i was on H1B… I was with a Indian based MNC company where things didnt work out as expected… i want to confirm if I140 is possibility in my case… thanks for the confirmation again!..
@Sanonymous, I am in exact same boat. Can you please tell me if you were able to initiate I-140 and did it got approved?
Yes it’s possible… since my company has a rule to initiate green card only after 1 year of service I m waiting on it. But I checked with lawyers and it’s possible.
Thank you!. I have been with same employer all along h1b and then H4EAD. And EAD is expiring in 2020. I will check with my employer about GC possibility.
Similar situation.
Currently working on H4 EAD, never had H1B. I am a PT physical therapist (one of the schedule A jobs), can my employer file I140 for me?