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If NOT H4 EAD - What are my options?

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Posted by mailtomaha (5) 31 Jan 2018#1
Hello All,

I was working on H1B for 6 years and post H1B got changed to H4 and I am currently working on H4 EAD.
With all the new rule making proposals to revoke H4 EAD, can some one assist me with what are the other options I have to continue to work? Is there any employer who can file PERM so that I can join them in H1B post PERM approval?

Any suggestion is appreciated.
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Posted by desiguy08 (109) 31 Jan 2018#2
to mailtomaha:

- Apply to H1B again coming April.
- Seek a college degree on F1 and may qualify for CPT/OPT.
- Volunteer
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Posted by trackkmygc (931) 31 Jan 2018#3
to mailtomaha:

"Is there any employer who can file PERM so that I can join them in H1B post PERM approval?"

Lets say you do find a employer willing to file your PERM...the question would be how would to switch to H1b?
since your earlier H1b 6 years expired already and you do not have a prior I140 approved so you cannot go back to H1b on cap-exempt basis
Filing new H1b which is subject to cap is one option..but is doubtful as one needs to stay outside USA for a year before applying for fresh H1b cap
Filing for a new H1b via a Non-Cap subject employer (mostly universities etc) would be a more feasible option
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Posted by rajababu11 (9) 01 Feb 2018#4
to trackkmygc:

I think if you have even one day left on h1 earlier... an employer can file perm/I140 . Once approved file change of status and extend H1 .

Others can correct if i'm wrong.
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Posted by lisaanderson (3840) 12 Feb 2018#5
to mailtomaha:

The importance of speaking with an actual immigration attorney is evident in a thread like this.
1. You say you’re employed. Have your employer file the PERM/I-140. If your current employer doesn’t, find one that will. Once the I-140 is approved (assuming you’re from India or China), you can change status back to H-1B and request 3 years.
2. USCIS doesn’t care that you’ve exhausted the 6 years of H-1B. You can get a 3-year extension of H-1B based on the approved I-140 if your PD is retrogressed. There is absolutely no requirement that there be any remaining H-1B time (http://www.visapro.com/resources/article/h1b-ex...).
3. You cannot go through the H-1B Cap again unless you have physically spent 1 full, continuous year outside the U.S.
4. Another option is to go to school (preferably STEM degree) and you can get OPT (3 years if you have a STEM degree) and, even then, if you can get an I-140 approved, you can apply for the H-1B 3-year extension.
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Posted by maverick41 (600) 12 Feb 2018#6

The importance of speaking with an actual immigration attorney is evident in a thread like this.
1. You say you’re employed. Have your employer file the PERM/I-140. If your current employer doesn’t, find one that will. Once the I-140 is approved (assuming you’re from India or China), you can change status back to H-1B and request 3 years.
2. USCIS doesn’t care that you’ve exhausted the 6 years of H-1B. You can get a 3-year extension of H-1B based on the approved I-140 if your PD is retrogressed. There is absolutely no requirement that there be any remaining H-1B time (http://www.visapro.com/resources/article/h1b-ex...).
3. You cannot go through the H-1B Cap again unless you have physically spent 1 full, continuous year outside the U.S.
4. Another option is to go to school (preferably STEM degree) and you can get OPT (3 years if you have a STEM degree) and, even then, if you can get an I-140 approved, you can apply for the H-1B 3-year extension.


to lisaanderson:



Two thumbs for this post! To add to point 1. GCs are always for future employment so even if you wait in H4 you can get your 3 year H1B extension once I140 is approved.
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Posted by H4EADGirl (23) 12 Feb 2018#7

The importance of speaking with an actual immigration attorney is evident in a thread like this.
1. You say you’re employed. Have your employer file the PERM/I-140. If your current employer doesn’t, find one that will. Once the I-140 is approved (assuming you’re from India or China), you can change status back to H-1B and request 3 years.
2. USCIS doesn’t care that you’ve exhausted the 6 years of H-1B. You can get a 3-year extension of H-1B based on the approved I-140 if your PD is retrogressed. There is absolutely no requirement that there be any remaining H-1B time (http://www.visapro.com/resources/article/h1b-ex...).
3. You cannot go through the H-1B Cap again unless you have physically spent 1 full, continuous year outside the U.S.
4. Another option is to go to school (preferably STEM degree) and you can get OPT (3 years if you have a STEM degree) and, even then, if you can get an I-140 approved, you can apply for the H-1B 3-year extension.


to lisaanderson:

Perfect Answer. I am in the same boat and that's what my attorney told me. I believe this answer should be framed! There are very few cases like these. I have not found anyone other than OP with same situation as mine.
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