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Moving to H4 after I-140

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  • Moving to H4 after I-140

    I am on H1-B visa. My I-140 was approved with my previous employer so my current employer was able to file for a new H1-B with 3 year limit again for me.

    Currently, my new employer is in the process of filing for my PERM again.

    I am interested in taking a break from full-time employment. My wife is also on H1-B visa but her PERM has not been filed yet.

    Here are my questions

    - I know I can transition to H4 but can I get an EAD on it so that I can continue to work in US, given my situation?
    - Is there a way for me to do freelancing/contracting now that I have my I-140? Does having I-140 have no advantage other than getting in the queue for green-card. I am Indian so green card wait is too long for me and I am not interested in waiting for that long.

    I would love to hear any thoughts on this issue, especially if someone else has been in a similar situation. Thanks in advance for your comments.

  • #2
    I am in the exact same situation and have the same questions. Can you please share what you learned? Thank you!

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    • #3
      I am in the exact same situation and have the same quesitons. What did you find out? Thanks!

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      • #4
        Yes you can move to H4 and get an EAD.
        I140 does not confer any immigration benefits. It merely allows you to be able to apply for AOS/Green card. However, once you have your H4 EAD you can do freelancing/business, or anything you want. The EAD enables you to work, does not matter what it is.
        Just an opinion; Not legal advice.

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