B1/B2 to H-4 visa

Sangit

New Member
Hi,
Currently, I am on H-1 visa and my visa expires in May 2017. I plan to file my I-140 (EB-1A, fast-track) in September 2016 so that I can get my EAD card much before my visa expires.
My husband is working for a MNC company in India. Currently, he is on B1/B2 visa as he visited US last year to attend some meeting in his company.
We would like him to come here on H-4 visa and then together file I-485.
My question is following.

1. Do you suggest him to apply for his H4 visa before or after my I-140 approval?
2. I thought there will be more concerns from US consulate if he applies for H4 visa after my I-140 approval, as currently he is on B1/B2 visa. Please advise.
3. Do you anticipate any difficulty in getting H4 while an individual is on B1/B2?
4. Does he need to resign from his current job to apply for H4 visa?
5. Is there a possibility to change H4 to H1 while he is in the US (in case of my delayed I-140 approval)?

Thank you for your time.
 
1. doesn't matter
2. nope
3. What do you mean "on B1/B2"? He has a B1/B2 visa. That visa may or may not be cancelled when he applies for an H4 visa. In any case, that B1/B2 visa is not relevant because he is planning to use an H4 visa to come to the US
4. nope
5. Yes, it's possible. But to get H1b requires getting some company that sponsors H1bs, and unless it's a non-profit, it's subject to the cap which means they will have to apply in April for a start in October, and there is a good chance in any given year they will not get picked in the lottery and they will have to try again the next year. So change of status to H1b would be a long term proposition. Also, if he has filed I-485 like you, he would not need a status to stay in the US; and he can work once he has an EAD.

Also note that EB1 is not current for India in August, and probably not in September either. It might become current again in October. So you probably won't be able to file I-485 in September if you file the I-140 in September.
 
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