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EB2 in Progress can I apply for H4

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  • EB2 in Progress can I apply for H4

    Hi,

    My L1A is getting expired in OCT-2021 completion of 7yrs, employer is filing EB2 and considering by OCT-2021 I have I140 approved.


    Q1. What will happen to my approved EB2/i140 if I apply H4 visa (my wife has valid H1B till Jan 2023) and continue to stay in USA?
    Q2. If I140 is not approved till OCT-2021 and I apply for H4 Visa, will my EB2 processing will be cancelled/void?

  • #2

    Q1. What will happen to my approved EB2/i140 if I apply H4 visa (my wife has valid H1B till Jan 2023) and continue to stay in USA?
    >>> Nothing. The greencard process (perm / i-140 , 1-485) is for a future job. It is therefore important that the job offer is made when filing I-485

    Q2. If I140 is not approved till OCT-2021 and I apply for H4 Visa, will my EB2 processing will be cancelled/void?
    >>> Again, greencard is for a future job. No impact if you change visa status or even leave the country.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by Pgs View Post
      Q1. What will happen to my approved EB2/i140 if I apply H4 visa (my wife has valid H1B till Jan 2023) and continue to stay in USA?
      Q2. If I140 is not approved till OCT-2021 and I apply for H4 Visa, will my EB2 processing will be cancelled/void?
      If you are resigning from your current job & then moving to H4, they you will loose your I140.
      However your priority date will remain same. Your new employer will need to file a new I140 for you.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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