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poonam333
08-05-2010, 03:42 PM
Hi All,

We filed labor in Dec 2008(EB2 India). We got it approved and have also got I-140 cleared. Considering the current dates, roughly when can we expect an EAD?

Thanks..

poonam333
08-06-2010, 09:41 AM
Request senior members to provide the inputs. Its important as I am working as consultant currently on H1B which is expiring in Jan'11.And I am expecting 2nd kid in Dec'10. Not sure if I should go for H1B renewal or not as I won't be able to work for atleast a year.

redcard
08-06-2010, 10:09 AM
Request senior members to provide the inputs. Its important as I am working as consultant currently on H1B which is expiring in Jan'11.And I am expecting 2nd kid in Dec'10. Not sure if I should go for H1B renewal or not as I won't be able to work for atleast a year.

Not sure when the dates would become current for you. Expectations are that EB2 India should be current or at least show some progress beyond July 2007 sometime later next year. I would suggest that you should be prepared to renew your H1-B and then take a long leave with the employer. On the other hand if your spouse (I am assuming you are married) and he/she is on H1-B you could go on H4 and switch back to H1-B whenever you are ready to work. You will not be counted against the H1-B quota.

Good luck with the kid.

poonam333
08-06-2010, 10:16 AM
RedCard : Thanks for replying on my query.

Pardon me for my ignorance. Pls guide, if I get my H1B extension and then change to H4 (since my husband is on H1B currently). Can I use my current extended H1B or I shall require to file new H1B when I get ready to take up job?

Thank you..

sc09876
08-06-2010, 10:24 AM
RedCard : Thanks for replying on my query.

Pardon me for my ignorance. Pls guide, if I get my H1B extension and then change to H4 (since my husband is on H1B currently). Can I use my current extended H1B or I shall require to file new H1B when I get ready to take up job?

Thank you..

Yes, you would require a new H1B sponsor unless you are marked as Leave of Absence and the employer continues you on their payroll. In effect, if you change to H4, you have to process a new H1B. Not sure on the implications of your already approved I-140 and PD

poonam333
08-06-2010, 10:35 AM
Thank you ..

redcard
08-06-2010, 10:36 AM
Yes, you would require a new H1B sponsor unless you are marked as Leave of Absence and the employer continues you on their payroll. In effect, if you change to H4, you have to process a new H1B. Not sure on the implications of your already approved I-140 and PD


It will be a fresh H1-B but will not be counted against the quota for the year, ineffect you would still get a new H1-b even of the quota for the year is exhausted. Conversion to H4 is very simple, you could file it yourself or use an attorney if you plan not to leave the country. In case you plan to leave US, all you need to do is go the US Consulate and apply for h4 based on the H1-B of your spouse and enter back on H4.

As regards to your I-140 as long as your current employer does not decide to cacel it you should be good, but you might want to check with an attorney on that.

poonam333
08-06-2010, 10:52 AM
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RedCard : Thanks for your inputs.