H4 to EAD and then Filing for H1 in April 2008

H

helpline9

New Member
Hi,
My Case:
I am on H1B, My wife is on H4 Visa: (Both Valid till Sept 2010)
I have Approved 140.
I applied for EAD for both of us and got it.
My Wife started working in March 2008 using her EAD.
I am still on H1B.

Is it possible for me to File for her H1B in April 2008?
(I want her to be on H1B status, just in case if there is any issue with my 485 in the future.)

Will there be any problem with her green card Status or with her immigration status?

Can anyone please answer my question ASAP!

Thank you in Advance,
vgrsr
 
In your situation it is not required to file a new H-1B for your wife. As long as you maintain H-1B (while she is on EAD), filing a new H-4 petition will revert her status back to H-4.
 
manwithnoname said:
In your situation it is not required to file a new H-1B for your wife. As long as you maintain H-1B (while she is on EAD), filing a new H-4 petition will revert her status back to H-4.
Click to expand...

She can come back to H4 from EAD, but she won't be able to continue with her job right?
If there is any issue with my 485, i can always go on h4, if she is on H1b Status.
So I wanted to know if it is possible to file H1 & will there be any issue with her status?
 
TheRealCanadian said:
On what basis would YOU file for her H-1?
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What would it be, she is filing fresh H1 and would be showing her H4 status, because this is her first week in job and she is yet to run a payroll on EAD.
Also the new H1 Quota for filing is opening on April 1 2008.

Please guide me if i can file her H1, will there be any issue?
Thank you
 
helpline9 said:
She can come back to H4 from EAD, but she won't be able to continue with her job right?
If there is any issue with my 485, i can always go on h4, if she is on H1b Status.
So I wanted to know if it is possible to file H1 & will there be any issue with her status?
Click to expand...

Yes it is technically possible to file a new H-1B after reaching AOS stage.
 
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