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Immigration Issues/H1b and green card pending


Hi! I am in a situation here. Now I am on H1b and also I have filed I-140 in april 2007 and I-485 in july 2007 by NIW. But ther are not proved yet. My wife is on H1b too. Currently my boss inform me my contract will be end in two months. I just wondering if I can not find a job or the new visa application can not be done whithin two months what should I do?
I may have some options here but which one is the best.
1. change to H4 for a while to fill the gap between the two H1b. If I do when should I file the application?
2. stay as green card pending and wait for a new H1b

Do they affect my green card or new H1b application?



You have several options.  If you find a new employer even if your six year H1 time is expiring, you should be able to get your H1 extended for another year.  If you apply for an H1 after your I-140 is approved you could get a three year extension for the H1.

If you cannot find another employer to sponsor your H then you can apply for an EAD card and work for any employer during the time your I-140 is pending.  NOTE:  If you use your EAD card your stay would be subject to the I-140 petition and if it gets denied you would be out of status and have to leave the country.  
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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