mnhrdc,
Thanks for helping me answer these critical questions. As I am going to talk to my lawyer, I just want to be prepared. I hope you can answer a few more questions in the next several days as the situation gets more complex than I expected.
1.Do you have an EAD against your GC processing? - Yes. The GC and EAD are against the job I am going to lose in a few days.
2. you can use your EAD and risk is cant go back on your H1. - understand. If the company revoke my GC, is my EAD still valid? If my 140 is rejected, is my EAD invalid?
3.Do you have an EAD against your wifes GC processing - My wife's GC processing is in the LC period. It has been pending for more than a year. However, her GC application is not with her current employer. She will reach her six year limit Feb next year. Question: Would she be able to apply the 7th year extension based on a GC application that is not submitted by her current employer? If the answer is yes, her company should be able to sponsor my H4 even though I have used six years of H1b.
4.You can use EAD as derivitive benifit and if original applicant is not adjudicated you can go back as H4 visa. - My wife's LC just reach Fed level. Her LC approval will be at least a year and half away.
5.The total stay of H1+h4 cannt be more than 6yrs unless gc is under progress. - Question: if the aquiring company does not revoke my GC application, I should be able to file H4 even if my wife does not have a GC under progress. But her company's attorney may question the validity of pending 140/485 since I lost the job against my GC.
6. As long as you maintain h1/h4 visa's you are not out of status. - Understand. During the time I apply for H4 and after H4 is approved, would I be able to use EAD to work? I understand I can't go back to H1.
Thanks again for thinking through all my questions and you really helped me big time.
Thanks for helping me answer these critical questions. As I am going to talk to my lawyer, I just want to be prepared. I hope you can answer a few more questions in the next several days as the situation gets more complex than I expected.
1.Do you have an EAD against your GC processing? - Yes. The GC and EAD are against the job I am going to lose in a few days.
2. you can use your EAD and risk is cant go back on your H1. - understand. If the company revoke my GC, is my EAD still valid? If my 140 is rejected, is my EAD invalid?
3.Do you have an EAD against your wifes GC processing - My wife's GC processing is in the LC period. It has been pending for more than a year. However, her GC application is not with her current employer. She will reach her six year limit Feb next year. Question: Would she be able to apply the 7th year extension based on a GC application that is not submitted by her current employer? If the answer is yes, her company should be able to sponsor my H4 even though I have used six years of H1b.
4.You can use EAD as derivitive benifit and if original applicant is not adjudicated you can go back as H4 visa. - My wife's LC just reach Fed level. Her LC approval will be at least a year and half away.
5.The total stay of H1+h4 cannt be more than 6yrs unless gc is under progress. - Question: if the aquiring company does not revoke my GC application, I should be able to file H4 even if my wife does not have a GC under progress. But her company's attorney may question the validity of pending 140/485 since I lost the job against my GC.
6. As long as you maintain h1/h4 visa's you are not out of status. - Understand. During the time I apply for H4 and after H4 is approved, would I be able to use EAD to work? I understand I can't go back to H1.
Thanks again for thinking through all my questions and you really helped me big time.
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