H1B visa 6 year ending, PERM started, changing status to H4 EAD, Can go back to H1B later?

USA H4-EAD
1

Hi,

I am on my H1B Visa completing 6 years.

My employer started my PERM process and filed labor on Nov 30th. Meanwhile, they suggested me to take H4-EAD and the filing date for H4 -EAD (I-765 and I-539) is Dec.

  1. What is the current processing time for H4-EAD at the Vermont service center?
  2. With the rulemaking process expected to remove H4-EAD, can applications that are submitted be considered for approval?
  3. Can I re-instate my H1B after I-140 approval?
2

H4 EAD processing time

You can check the current H4 EAD processing time at Vermont service center here.

H4 EAD Revoke

We track the progress of the H4 EAD revoke rule here.

At this time, there is no final rule that has come out with respect to sunset for H4-EAD.
So, nobody knows if DHS will allow the already filed applications or deny them.

We will know what they intend to do only when they publish the final list of rules.

H4 EAD to H1B

Yes, you can go back to your H1B from H4 EAD, if you still have time left in it i.e. have not used full 6-year quota.
If your I-140 gets approved, then you can file for H1B extension beyond six-year too.

3

I used all 6yrs and there is none left. So i assume i have to wait until PERM and I-140 gets approved and then re-instate my H1B.

4

Yes, that’s correct.
I-140 is the lifeline for you now to get back to your H1B.

Hopefully, the H4-EAD will be saved somehow as businesses are also lobbying for it. EAD is much better than H1B, if it stays.

5

Can you please accept the answer using the ‘checkbox’ to mark it as solved, if it answered your query?

This way, the other people looking for answers to same question will be benefited.

6

I did not find the checkbox :frowning:

7

Ok. The problem was non-selection of a proper category. I selected it for you and the checkbox is now visible in each post.
I have selected it on your behalf.

8

No worries, thanks a lot for the quick responses.

9

My H1B is expiring in December and I have already filed for COS to H4 and H4-EAD.

I am also, thinking to ask my employer to start PERM / Labor / I-140 process and I know it takes minimum 12 months to get I-140 approval.

By the time I-140 approved, my status will become H4-EAD. My question is, Will I be able to reinstate my H1B, based on my I-140 approval after say 13 months (means going back from H4-EAD to H1B) ?

10

Hi @Sara

Yes, you can go back to H1B later anytime.

11

thank you so much for your responses

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