I140 - RFE : EAD to H1

[da_best]

One of my friend wants to change his status to H1 from EAD. His H1 is expired year back and now he is on EAD and also applied for second EAD. His 140 is pending and recently got a RFE on 140. Not yet received the RFE notice. As a back-up plan is it possible to apply for 7 th year H1. Please note his H1 was expired a year ago.

Any comments are really appreciated.

 

[dwd123]

Re: EAD to H1b

I think, it is not possible to comeback on H1b if the H1b status is not maintained. If the H1b is expired, I believe, only way is continue using EAD till you get your GC approved.

DWD123.

 

[gc4health]

I am on the same boat. My H1B was expired on 1/21/2004 ( finished 6 years). I realized lately and applied for 7th Year Extension on 01/26/2004. Just waiting for approval.
And I140 case is pending in VSC.

Not sure what will be the outcome.