Happy thanks giving!
I have 2 quick questions related to my wife's EAD/H1b. I am principal applicant for green card and she is depdent.
1. Is her H1b renewable after her total 6 years is up? Note that she never filed LC or I140 herself, and her I485 is as my dependent. The renewal beyond 6th year seems to require an LC has been filed 365 days ago, but I am not sure if dependent's H1b, which is independent of the principal applicant as far as green card goes, can be renewed the same way principal applicant can do to his/her H1b?
2. My wife currently has both EAD and H1b - in following two cases, would she be able to save the unused portion of her H1b's 6 year limit from the time the event happens (so that if she has to, she can apply H1b again without having to stay out of the country for more than 1 year)? She is already into the second 3rd year of her H1b.
A. She leaves current employer, and joins a new employer by using her EAD, without renewing her own H1b.
B. She stays with current employer, but asks its HR to use EAD on her file as employment authorization.
3. If my wife chooses to use EAD only without H1b, in worst case my I485 gets denied and thus she has to get back on H1b again:
a. Will her H1b application (for a new one as opposed to renewal) be subject to annual quota?
Her lawyer says following but I like to make sure:"regarding the H-1B quota limitation (the cap), a new H-1B petition on your behalf would not be subject to the cap unless you were to remain physically present outside of the U.S. for more than one year. This rule is summarized in the Form I-129W, which can be found at: http://uscis.gov/graphics/formsfee/forms/files/I-129.pdf
b. Does she have to leave US to get a H1b visa stamp? Her lawyers says following but I wander why can't she just fall under H4 (I'll ensure I keep both EAD and H1b renewed): A new H-1B petition would need to be filed and approved. You would then need to obtain a new H-1B visa in your passport in your home country. You could then reenter the U.S. to resume lawful H-1B status. These steps would likely take a total of 6-8 weeks to complete."
c. Assuming answer to question 2 above is that she can not save unused duratino of H1b, would she have to stay outside US for more than 1 year before applying a new H1b if 6 yeas is all used? And can she still apply new H1b even there is only a few months left to meet her 6 year limit?
4. How much it cost roughly in total including BCIS fee and lawyer fee to transfer an H1b?
These questions are under the broader question of what are the pros and cons for a I485 dependent to keep both EAD and H1b current, or just keep EAD without H1b. Any comments/thoughts are appreciated!
THANKS!
Mingjing
I have 2 quick questions related to my wife's EAD/H1b. I am principal applicant for green card and she is depdent.
1. Is her H1b renewable after her total 6 years is up? Note that she never filed LC or I140 herself, and her I485 is as my dependent. The renewal beyond 6th year seems to require an LC has been filed 365 days ago, but I am not sure if dependent's H1b, which is independent of the principal applicant as far as green card goes, can be renewed the same way principal applicant can do to his/her H1b?
2. My wife currently has both EAD and H1b - in following two cases, would she be able to save the unused portion of her H1b's 6 year limit from the time the event happens (so that if she has to, she can apply H1b again without having to stay out of the country for more than 1 year)? She is already into the second 3rd year of her H1b.
A. She leaves current employer, and joins a new employer by using her EAD, without renewing her own H1b.
B. She stays with current employer, but asks its HR to use EAD on her file as employment authorization.
3. If my wife chooses to use EAD only without H1b, in worst case my I485 gets denied and thus she has to get back on H1b again:
a. Will her H1b application (for a new one as opposed to renewal) be subject to annual quota?
Her lawyer says following but I like to make sure:"regarding the H-1B quota limitation (the cap), a new H-1B petition on your behalf would not be subject to the cap unless you were to remain physically present outside of the U.S. for more than one year. This rule is summarized in the Form I-129W, which can be found at: http://uscis.gov/graphics/formsfee/forms/files/I-129.pdf
b. Does she have to leave US to get a H1b visa stamp? Her lawyers says following but I wander why can't she just fall under H4 (I'll ensure I keep both EAD and H1b renewed): A new H-1B petition would need to be filed and approved. You would then need to obtain a new H-1B visa in your passport in your home country. You could then reenter the U.S. to resume lawful H-1B status. These steps would likely take a total of 6-8 weeks to complete."
c. Assuming answer to question 2 above is that she can not save unused duratino of H1b, would she have to stay outside US for more than 1 year before applying a new H1b if 6 yeas is all used? And can she still apply new H1b even there is only a few months left to meet her 6 year limit?
4. How much it cost roughly in total including BCIS fee and lawyer fee to transfer an H1b?
These questions are under the broader question of what are the pros and cons for a I485 dependent to keep both EAD and H1b current, or just keep EAD without H1b. Any comments/thoughts are appreciated!
THANKS!
Mingjing