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Filing H1 when GC is pending
- Thread starter mkgirl
- Start date
Yes, you can, it will have no effect. I am guessing that he is an H-1B whose employer has filed a Labor cert and I-140 for an EB greencard? However, if I-485's have been filed then you can just work on that EAD rather than get your own H-1B. If he is an L then the spouse can apply for an EAD based on dependent spouse status.
Thanks
Hi
I have an EAD now. But need a H1 since my husband is likely to leave US in future dumping his GC. So I want to keep H1 as a safety net and also wait for the GC in case it comes. My PD - April 2003, EB3.
So is it safe to file for h1 when we are almost there in getting the GC ?
Hi
I have an EAD now. But need a H1 since my husband is likely to leave US in future dumping his GC. So I want to keep H1 as a safety net and also wait for the GC in case it comes. My PD - April 2003, EB3.
So is it safe to file for h1 when we are almost there in getting the GC ?
Hi
I have an EAD now. But need a H1 since my husband is likely to leave US in future dumping his GC. So I want to keep H1 as a safety net and also wait for the GC in case it comes. My PD - April 2003, EB3.
So is it safe to file for h1 when we are almost there in getting the GC ?
If your spouse does not get a greencard then neither will you as his dependent. In that case, if you qualify and have a job offer and a willing employer then try for an H1-B.
Good luxk,
hi
I want to know if filing H1 when GC is pending will cancel the GC ?
Please let me know.
No, under INA 214(b) an H1B has authorized "duaL intent" to be a valid nonimmigrant while seeking immigrant status.
Jackolantern
Registered Users (C)
Now that you are on EAD, I think you will have to leave the US and reenter using the H1B, in order to get into H1B status.
Hi
I have an EAD now.
---Having EAD does not matter. Did you use that EAD for work? Did your spouse used EAD?
But need a H1 since my husband is likely to leave US in future dumping his GC. So I want to keep H1 as a safety net and also wait for the GC in case it comes. My PD - April 2003, EB3.
So is it safe to file for h1 when we are almost there in getting the GC ?
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