謝謝8老師及時回複!那麽:
1. 假設我們在明年2月份開始辦理H4,然後等待H4的時間內PERM和I140通過,可以通過取消H4申請來轉回原來的H1B而不回國嗎?
-Yes, but if your H-4 is approved (sometimes USCIS may not cancel your H-4 application in time), then your H-4 will override the H-1 status. Thus, you need to do the H-1 extension again. Remember, the I-140 must be approved before the 6-year status ends By the way, you may be not able to use the PERM to extend the H_1 beyond the 6-year H1 limit because the PERM should be filed for one year to be qualified for H-1 extension.
2. 假設我們現在開始辦理H4,因為我I140已經批準了,那麽可以H4和EAD一起辦理嗎?
-Yes.
這種情況即使明年她和H1B過期了H4還在pending也可以留在美國等待拿到EAD直接回去上班吧?
-Yes.
8老師知道現在大概多久可以完成這兩步?
-I don't know due to Covid 19 which makes things unpredictable.
我們現在糾結的是不知道該回國等H1B還是留在這裏辦H4.
-Because you have approved I-140, I would suggest her to apply for H-4 within US as soon as possible. Had better do it now and use H4 EAD to work. She can continue to work with H-1 status during the H-4 pending.
再次感謝