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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28190
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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1)My wife is now in India. she was living with me then she

Customer Question

Hi,
1)My wife is now in India. she was living with me then she travelled back to India since her l1b visa maxed out. But her employer filed green card in EB2. her labor certificate got approved. Also her employer filed I 140 3 months back. so Her I140 is in process. Yet to get approval
Once approved can she get convert to h4 as my dependent in us with h4 and travel
will her I140 be valid if she converts to h4 and travel to U.S
2)once her i140 is approved what other visa is possible for her. Her previous travel was with l1 b individual visa
3) once her I140 approved can she travel back to U.S with L1A or L1B visa, will her I140 still valid if she travels back to U.S with L1A or L1B visa
4) once i140 is approved with in how many days she can resign job in India. So that employer cannot revoke her i140 and will it be valid still she can start working again in US
5)if I get i140 when she can I apply for EAD with her h4
6)when will she get the EAD upon filing EAD . Is there premium processing also possible for h4 EAD.
could you please answer my questions. Much appreciated.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

1)My wife is now in India. she was living with me then she travelled back to India since her l1b visa maxed out. But her employer filed green card in EB2. her labor certificate got approved. Also her employer filed I 140 3 months back. so Her I140 is in process. Yet to get approval
Once approved can she get convert to h4 as my dependent in us with h4 and travel
will her I140 be valid if she converts to h4 and travel to U.S

She may apply for an H4 visa any time, now or after her I-140 is approved. Her time on the L1B does not count towards being a dependent under your H status.

The approval of the I-140 does not impede her getting H44 status because an H 4 visa is a dual intent visa if it is under the principals H1B.
2)once her i140 is approved what other visa is possible for her. Her previous travel was with l1 b individual visa

She can only enter under an H4 because she needs to use a visa that is dual intent.
3) once her I140 approved can she travel back to U.S with L1A or L1B visa, will her I140 still valid if she travels back to U.S with L1A or L1B visa

The L is also a dual intent visa. She can come in under the L1A or after one year outside the US on the L1B.
4) once i140 is approved with in how many days she can resign job in India. So that employer cannot revoke her i140 and will it be valid still she can start working again in US

The employer may revoke her I-140 anytime they want. It is their petition. So if she wants to keep the I-140 valid she needs to abide by the petitioner/employer policy.
5)if I get i140 when she can I apply for EAD with her h4

She can apply for the EAD once your I-140 is approved.

https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses
6)when will she get the EAD upon filing EAD . Is there premium processing also possible for h4 EAD.

There is no premium processing for an EAD. It takes approximately 90 days.

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Judith

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