should i cancel my H1B

I

I140helppls

Registered Users (C)
My I140 is approved and I485 applied in June 2004. I have a valid H1B for another 2 years after which I will complete 6 yrs. My wife is now working on EAD.
1. Has my wife lost her H4 status since she works now on EAD. Do we need to do something to cancel her H4.
2. Will it be a smart move for me to work on EAD too .Can you please explain how I can save time on H1B just in case if 485 gets denied.
3. Is there a special process for cancelling H1B.
4. Mine is a labor substituiotn case. Say I don’t cancel H1B and my I485 gets denied. Can I get a 7th year H1B extension??.
 
I140helppls said:
My I140 is approved and I485 applied in June 2004. I have a valid H1B for another 2 years after which I will complete 6 yrs. My wife is now working on EAD.
1. Has my wife lost her H4 status since she works now on EAD. Do we need to do something to cancel her H4.

------- she is not on H4status if she used EAD, but she can be again on H4 if she has H4 valid visa stamp and rentres USA with H4 visa then she can be again onH4(if you maintain H1 status)
2. Will it be a smart move for me to work on EAD too .
----- to be on H1 status has advantage
Can you please explain how I can save time on H1B just in case if 485 gets denied.
----- I dont know this others may guide you as I have not read how to SAVE H1 remaining time if you use EAD, i know that once you used EAD you will not be on H1 status
3. Is there a special process for cancelling H1B.
------only employe can request to cancell or revoke the H1
4. Mine is a labor substituiotn case. Say I don’t cancel H1B and my I485 gets denied. Can I get a 7th year H1B extension??.
Click to expand...

----labor substituiotn case, wants to use EAD.I-140 not approved. wants to cancell H1, who has guided you to use EAD????
 
re:

Ginnu.
1. My I140 is approved.
2. I was told that say if i cancel my H1 right now and say my I485 gets rejected ,i can get an H1 since i will have some time to my 6 yrs left.
3. Pls comment whether i will be able to get a 7th yr ext on labor sub case. also i have a labor applied for more than one year too but company may use that for someone else.
 
I140helppls said:
Ginnu.
1. My I140 is approved.
2. I was told that say if i cancel my H1 right now and say my I485 gets rejected ,i can get an H1 since i will have some time to my 6 yrs left.
3. Pls comment whether i will be able to get a 7th yr ext on labor sub case. also i have a labor applied for more than one year too but company may use that for someone else.
Click to expand...
If your I-140 is approved and you are still on H1 and filed I-485, you can get 7th year H1 extension any time before I-485 gets approved on base of pending I-485. Best option Maintain H1 status and you are eligible to file 7th year, 8th year H1 extensions if your I-485 is pending.
 
I140helppls said:
My I140 is approved and I485 applied in June 2004. I have a valid H1B for another 2 years after which I will complete 6 yrs. My wife is now working on EAD.
1. Has my wife lost her H4 status since she works now on EAD. Do we need to do something to cancel her H4.
2. Will it be a smart move for me to work on EAD too .Can you please explain how I can save time on H1B just in case if 485 gets denied.
3. Is there a special process for cancelling H1B.
4. Mine is a labor substituiotn case. Say I don’t cancel H1B and my I485 gets denied. Can I get a 7th year H1B extension??.
Click to expand...
You can continue on H1 until you get the GC. It is always better. Your wife using EAD does not affect you. Two years is enough time. In any case there is very small possibility of getting I-485 denial. So i will not worry about it unless there is some thing, which you have not disclosed here. There is no need to Cancel H1B.
 
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