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H1 to H4EAD to H1

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  • H1 to H4EAD to H1


    I am on H1b right now with about 2.5 years left on my 6 year limit. I do not have a green card application. My current employer will not file for my GC. My husband has cleared his I140 and I can go on his H4 EAD. However, ideally I would like a GC application on my name. We do not want to be in a situation where he looses his job and then both of us end up in an invalid status.

    Since I have only 2 years left on my H1b, I am considering the option of transffering over to H4 EAD and work on H4EAD while I find an employer who is willing to file my GC and then get back on H1b and apply GC.

    My questions are

    1)If I transfer to H4EAD. Does my H1b clock stop ticking. Can I save my 2.5 years and do a COS back to H1b when my employer is willing to apply for my GC.

    2)Is it possible to do a transfer from H4EAD to H1b.

    3) Will I be cap exempt since I already have H1b

    4) Can GC be filed from H4EAD