One month left on H-1B

[VijayUS]

Situation: My wife's H-1B was not renewed after October 2013 (one month left total on H-1B) because she decided to move on to H4 visa and become a full time mom. No PERM was filed for her ever. In 2015, she got her H4 EAD based on my I-140 approval. She started working again this year on EAD.

Question:

1. Assuming she gets a sponsor for her Green Card, can that sponsor file for her Green Card while she is on H4 EAD?
2. If that is true, can my wife's H-1B be re-activated once she reaches an I-140 stage? It still has one month left. If this is true then she move back to her H-1B and get it extended for three more years based on I-140 approval
3. Is she eligible for new H-1B? She hasnt left US for more than a year since 2013. She has been on H4 since then and started working this year.

Any insight will be appreciated.

Vijay

[VijayUS]

Please Reply

Senior Members,

Please reply to the questions I have below. I always value your advise. Even a vague pointer will be helpful. I will talk to Attorney as well but I need some good context so talk to the attorney so that I can keep it crisp with the attorney and focus on most favorable scenario.

Vijay

[raghvi]

Situation: My wife's H-1B was not renewed after October 2013 (one month left total on H-1B) because she decided to move on to H4 visa and become a full time mom. No PERM was filed for her ever. In 2015, she got her H4 EAD based on my I-140 approval. She started working again this year on EAD.

Question:

1. Assuming she gets a sponsor for her Green Card, can that sponsor file for her Green Card while she is on H4 EAD?
2. If that is true, can my wife's H-1B be re-activated once she reaches an I-140 stage? It still has one month left. If this is true then she move back to her H-1B and get it extended for three more years based on I-140 approval
3. Is she eligible for new H-1B? She hasnt left US for more than a year since 2013. She has been on H4 since then and started working this year.

Any insight will be appreciated.

Vijay

1. Yes.
2. Yes.
3. Not without first leaving US and staying out for at least an year.

This is my opinion not legal advice.

[VijayUS]

Extremely helpful

1. Yes.
2. Yes.
3. Not without first leaving US and staying out for at least an year.

This is my opinion not legal advice.

This is extremely helpful and right in time for my discussion with attorney this afternoon. Raghvi - Appreciate your help always.