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I have some questions regarding H1B/H4/485. This is

Hello i have some...

Hello i have some questions regarding H1B/H4/485

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

This is regarding my wife, she is currently working at a company now for the 7th year, so she has extended her H1B twice, currently her green card application has been filed and she has received her I-140. She recently received an offer from a company that is willing to sponsor her H1B but they cannot sponsor green card application. I'm wondering in this case, can she still make the H1B transfer?

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This is the big picture information, and i have 4-5 specific questions

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11/16/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,761
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Has her I-485 been pending for at least 180 days?

Has her I-140 been approved?

Judith

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Customer reply replied 7 months ago
I-140 approved, we have been waiting on priority date to become current for more than 1.5 years, so that means it has been pending for at least 180 days?

Has her I-485 been pending for at least 180 days?

waiting for a current PD does not count.

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Customer reply replied 7 months ago
No, not filed 485 yet
Customer reply replied 7 months ago
I have more questions:2. Given the situation above, if my new employer doesn't file 140 for her right away, will she still be able to extend her H1B once the current one expires? Or if her current employer doesn't withdrawn her green card application, she will still be able to extend?3. If she starts working on H4 visa (I have H1B with I-140 approved), will she be able to convert back to H1B at some point in the future?4. Are we able to file H1B with premium processing now? Does it only take 14 days? Is it like 14 days before the decision made or 14 days before the whole thing gets processed?

If she leaves the current sponsoring employer when her I-485 has not been pending for 180 days then she gets to keep her priority date from the approved I-140 but that is all.

The new employer has to start the PERM over again and file their own I-140 requesting the old priority date.

So she can use her approved I-140 to continue to extend her H1B 3 years every extension but she gets no benefit towards her I-485 if she leaves.

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,761
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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