Entry as a tourist with I140 of my wife / H4 with I140 ?

[Werniman 0]

My wife owns a H1B and lives over there since 2015.  I own a H4 (based on her H1B),but  I live in Germany. Both visas expired in April 2018.
In March 2018, the request for renewal for the H1B was filed. So far, it was planned that I also apply again for an H4, as soon as my wife's H1B was extended.

At the beginning of April, a green card application (EB3) + EAD / AP was also submitted. At the moment there are 2 petitions for my wife: H1B and Greencard. I'm included in the I140 as a Dependant, but for me the consular processing should be done. The EAD / AP for my wife was approved in mid-June. According to my information, my wife does not really need H1B anymore as long as the green card application is running because EAD / AP is taking over this function. Is that correct ?

I now have several questions:
I want to travel to the US in December. So far, I assume that the I140 has not yet been approved. Can I even enter as a tourist when I140 is running, in which I am a Dependent? And can I enter as a tourist if the I140 has been approved, but my consular processing has not started yet?

I would prefer if I could extend my H4 again. Is it possible to get an H4 also based on an approved I140?

[Mollie09 1,543]

1 hour ago, Werniman said:

My wife owns a H1B and lives over there since 2015.  I own a H4 (based on her H1B),but  I live in Germany. Both visas expired in April 2018.
In March 2018, the request for renewal for the H1B was filed. So far, it was planned that I also apply again for an H4, as soon as my wife's H1B was extended.

At the beginning of April, a green card application (EB3) + EAD / AP was also submitted. At the moment there are 2 petitions for my wife: H1B and Greencard. I'm included in the I140 as a Dependant, but for me the consular processing should be done. The EAD / AP for my wife was approved in mid-June. According to my information, my wife does not really need H1B anymore as long as the green card application is running because EAD / AP is taking over this function. Is that correct ? Yes

I now have several questions:
I want to travel to the US in December. So far, I assume that the I140 has not yet been approved. Can I even enter as a tourist when I140 is running, in which I am a Dependent? Yes, you can visit but be prepared to show you plan on leaving to finish your consular application abroad.

And can I enter as a tourist if the I140 has been approved, but my consular processing has not started yet? Also yes.

I would prefer if I could extend my H4 again. Is it possible to get an H4 also based on an approved I140? No. H4 is the dependent visa for H1Bs.

 

[WeGuyGal 1,052]

2 hours ago, Werniman said:

My wife owns a H1B and lives over there since 2015.  I own a H4 (based on her H1B),but  I live in Germany. Both visas expired in April 2018.
In March 2018, the request for renewal for the H1B was filed. So far, it was planned that I also apply again for an H4, as soon as my wife's H1B was extended.

At the beginning of April, a green card application (EB3) + EAD / AP was also submitted. At the moment there are 2 petitions for my wife: H1B and Greencard. I'm included in the I140 as a Dependant, but for me the consular processing should be done. The EAD / AP for my wife was approved in mid-June. According to my information, my wife does not really need H1B anymore as long as the green card application is running because EAD / AP is taking over this function. Is that correct ?

I now have several questions:
I want to travel to the US in December. So far, I assume that the I140 has not yet been approved. Can I even enter as a tourist when I140 is running, in which I am a Dependent? And can I enter as a tourist if the I140 has been approved, but my consular processing has not started yet?

I would prefer if I could extend my H4 again. Is it possible to get an H4 also based on an approved I140?

Are you a German citizen?  You could enter as a tourist on your ESTA.

[Werniman 0]

Thank you for your answers. I know that I (German citizen) can enter the USA with ESTA. However, I was unsure whether this is possible even if a petition (green card) is currently running, in which I am also included.
I always have a travel confirmation in my hand luggage.

[SusieQQQ 11,586]

1 hour ago, Werniman said:

Thank you for your answers. I know that I (German citizen) can enter the USA with ESTA. However, I was unsure whether this is possible even if a petition (green card) is currently running, in which I am also included.
I always have a travel confirmation in my hand luggage.

It’s always possible to visit as a tourist but if you have an approved petition then yes ensure you have proof of reasons why you would return home after the short US trip to await the green card interview. Just a return ticket may not be enough( easy enough to let it lapse or cancel it) - proof of an ongoing job, apartment lease etc should be brought.

[Werniman 0]

Thank you for your answers. I have more questions about the H1B.

When applying for the H1B for the first time, an immigration lawyer did the paperwork. In the subsequent application in March 2018, the employer himself completed and submitted the application. He has submitted the Labor Certification from the initial application.
Now he received an RFE. The USCIS is requesting a Labor Condition Application and wrote that the application sent in the follow-up application had expired at the end of April 2018.
Well, as I learned above, it would be nonsensical to pursue the H1B application because EAD / AP are doing the same thing.
Nevertheless, I would like to ask again: Are Labor Certification and Labor Condition Application identical? Would the employer really have to do the whole procedure again (Prevailing Wage request, job advertisement, etc.)?

[Werniman 0]

An update: My wife and her employer had a consultation yesterday with an immigration lawyer (another lawyer than the one who manages the green card process):
The lawyer said that the USCIS not only wants proof that the company pays the prescribed salary. The USCIS wants the whole H1B process (job offers, work permit from the Department of Labor etc). However, this work permit must already be available on the day of the planned visa validity.
The lawyer recommends canceling the H1B process and instead speeding up the greencard process with premium processing. Incidentally, that's exactly the way my wife and I recommended her boss.   Unfortunately, he is a type of person who always does exactly the opposite of what is recommended to him.