Apply I140 & 485 while on H4-7th yr.

[infoseeker47]

Hi gurus out there, please give some advice.

My 6th year h1 is expiring soon and I am not eligible for 7th year extension. So I will be going for a h4-7thyear extension(based on spouse's 7th year extension). My labor is still not cleared. It might take couple of more months. My lawyer is telling that I can apply for I140 & 485 concurrently while I am on H4-7th year after my labor is approved. Please let me know if this is correct.

Thanks in advance for all your help and support.

 

[Jharkhandi]

Hi gurus out there, please give some advice.

My 6th year h1 is expiring soon and I am not eligible for 7th year extension. So I will be going for a h4-7thyear extension(based on spouse's 7th year extension). My labor is still not cleared. It might take couple of more months. My lawyer is telling that I can apply for I140 & 485 concurrently while I am on H4-7th year after my labor is approved. Please let me know if this is correct.

Thanks in advance for all your help and support.

This is correct.

 

[love2002]

I dont think this is correct!

Since you change to H4, you can't petition the BCIS as 140 immigrant worker.
Only a primary applicant(h1) or working spouse can apply for 140.

Dependent visas or Dependents never can file for 140/485 as the primary applicant.
they can be added to 485 petition as dependent only if they have someone to sponsor.
I am sure!

Please consult with your lawyer.

 

[Jharkhandi]

I dont think this is correct!

Since you change to H4, you can't petition the BCIS as 140 immigrant worker.
Only a primary applicant(h1) or working spouse can apply for 140.

Dependent visas or Dependents never can file for 140/485 as the primary applicant.
they can be added to 485 petition as dependent only if they have someone to sponsor.
I am sure!

Please consult with your lawyer.

You are grossly misleading. There is no such rule about 140. Have you ever seen 140 form?