| Q. |
H-1B transfer with 7 yrs used, after EAD/AC21
PD is EB3 ROW 11/2004
I-140 was approved in 06/2008 with company #1
My last H-1B expired in 11/2008 - this was the 7TH YEAR H-1B, company #1
I worked on EAD for company #1 until 11/2009, when I got laid off
I work from company #2 since 12/2009 on AC21/EAD
I last entered USA a month ago time on AP
Can I switch to H-1B even though I used up 7 years of H1, so I can bring my spouse on H4?
This is what lawyers said:
1) My lawyer said it was not possible because I used 7 yrs.
2) A reputable lawyer says that it's not an issue because my I-140 is approved and I can transfer/extend until actual I-485 is approved.
3) A local lawyer says that working EAD last year at company #1 could be an issue.
I would also appreciate explanation/reasoning behind a no/yes so I can check my lawyers
User's Location:
Chicago, Illinois, United States of America
Category:
H1B Visa (Work Visa)
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