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Going from H1B to H4 EAD
Hi all,
I have a few questions. Your input is greatly appreciated!
Current status: I am approaching the end of 6 years on h1B in December 2016 and my current company is not planning to file my green card. My spouse recently got his i140 approved and a 3 yr h1b extension based on that. My plan is to change my status to H4 in the next few months. Then apply for h4 EAD.
Questions:
1. We plan to go to India in couple months to get my spouse's h1B stamped and at the same time get my h4 stamped. In this case, I will have two valid visa stamps in my passport. Do you know if the visa officer at the US consulate will automatically cancel my h1b visa? If not, do I have the choice to enter US on either of the two, H4 or H1b?
2. If I choose to enter on H1b, would my status automatically change to h4 once my h1b expires in December, and no additional filing is required? Or would I have to travel out of the country and return on h4 stamp this time?
3. Once I am on h4 EAD, can my (new) company start my green card process? I don't want to stay tied to my spouse's green card.
Thanks in advance for your time!
I have a few questions. Your input is greatly appreciated!
Current status: I am approaching the end of 6 years on h1B in December 2016 and my current company is not planning to file my green card. My spouse recently got his i140 approved and a 3 yr h1b extension based on that. My plan is to change my status to H4 in the next few months. Then apply for h4 EAD.
Questions:
1. We plan to go to India in couple months to get my spouse's h1B stamped and at the same time get my h4 stamped. In this case, I will have two valid visa stamps in my passport. Do you know if the visa officer at the US consulate will automatically cancel my h1b visa? If not, do I have the choice to enter US on either of the two, H4 or H1b?
2. If I choose to enter on H1b, would my status automatically change to h4 once my h1b expires in December, and no additional filing is required? Or would I have to travel out of the country and return on h4 stamp this time?
3. Once I am on h4 EAD, can my (new) company start my green card process? I don't want to stay tied to my spouse's green card.
Thanks in advance for your time!
