I completed my H1B 6 years in Oct2008 and since my labor application (EB3) was filed only in Aug2008, I was not eligible for a 7th year H1 extension.Consequently,I had to come on H4 (H4 was stamped in India,Wife is on H1)
Since my labor has been filed on August 2008 and is expected to be approved anytime soon now.A)Can I file for an I-140 while I am still on H4,after,of course,my labor is approved.If yes,My last paystub will be from Oct.08.Is that OK? B)After my labor is approved and I140 is filed can I change my status back from H4 to H1 and get a one year extension? Will this be just a simple Change of Status (COS) situation or will I have to leave the US and get H1 Stamped on my passport? What will be the exact mechanics and paperwork for getting back to H1 from H4 ?