Can my employer file PERM and I-140 while on H4 EAD

[Mickey123]

Hi,

I was on H-1B (for almost 6 years(95 days left)) and applied for change of status H4 and EAD (with my spouse approved I-140). Currently I'm working as full time employee with H4 EAD

1. Can my employer file PERM and I-140 while I am on H4 EAD?

2. Once I-140 is approved, Can I file for change of status (H4 to H-1B) and request for 3 yrs extension with my previous H1-B petition?

Appreciate your answers!

Thank you.

[francesjacobgreene]

Hi,

I was on H-1B (for almost 6 years(95 days left)) and applied for change of status H4 and EAD (with my spouse approved I-140). Currently I'm working as full time employee with H4 EAD

1. Can my employer file PERM and I-140 while I am on H4 EAD?

2. Once I-140 is approved, Can I file for change of status (H4 to H-1B) and request for 3 yrs extension with my previous H1-B petition?

Appreciate your answers!

Thank you.

The answers to both your questions is Yes.