H1 to H4 to EAD without Employment break


ravolarancho

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Me and my wife both are on H1 and planning to apply for H4 for my wife without any break in employment. I have a chance without break but not 100% sure if it works. My H1 will expire in October 2015. i can apply for h1 renewal 180 days before expiring so i can apply from now thru October 2015. When i apply for my renewal which will come into effect from October 2015 i can add for my wife's H4 COS along with EAD concurrently at the same time which will be again October 2015 so her H4 starts from October 2015. As her H4 will be approved along with my h1 renewal she should be eligible for EAD as well and everything will be in future date. Is this something feasible? Anyone helping in this matter is highly appreciated.

 

Note: USCIS suspended premium processing for H1 renewal untill July 27 2015. I will apply in regular now and push for premium processing on July 27 to speed up the things.

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Not possible.

WHile H4 and EAD can be filed together, the EAD will not be processed until the H4 is approved. WIth the H4 approval, your wife has to stop working, and can only start working again when the EAD is approved, which can be up to 90 days after the H4 approval.

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  • 4 weeks later...

Hi Guys i am back again because when you all responded last time i don't have a clear picture of what you all are suggesting. But to prove my point at least that it is possible to have future date for H4 approval I see Jairchi responding to that as well.

 

http://forum.murthy.com/index.php?/topic/90594-out-of-status-change-of-status-to-h1-to-h4-approved-for-a-future-date/

 

My point is when you can have your H4 approved now with future date while renewing the primary holders H1 approval technically your h4 is approved and eligible for EAD in future date as well. Am i missing something here.

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Hi Guys i am back again because when you all responded last time i don't have a clear picture of what you all are suggesting. But to prove my point at least that it is possible to have future date for H4 approval I see Jairchi responding to that as well.

 

http://forum.murthy.com/index.php?/topic/90594-out-of-status-change-of-status-to-h1-to-h4-approved-for-a-future-date/

 

My point is when you can have your H4 approved now with future date while renewing the primary holders H1 approval technically your h4 is approved and eligible for EAD in future date as well. Am i missing something here.

A H4 cannot be applied requesting with a future date of activation. In the post you cited H4 dependent got the date based on H1B approval date of the primary applicant. This does not pertain to your situation.

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The EAD will only be processed once the person is in H4 status.

The start of the H4 status can of course be sometime in the future. But the EAD will only be processed when the H4 starts. And it still takes up to 90 days from that date for the EAD to be approved.

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A H4 cannot be applied requesting with a future date of activation. In the post you cited H4 dependent got the date based on H1B approval date of the primary applicant. This does not pertain to your situation.

 

Yes i know that H4 cannot be applied requesting with a future date if it is applied alone. But if you apply with H1B renewal you can ask for any where between 180 days future date if applyiing H1 Renewal in 180 days advance. And that is exactly my situation.

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The EAD will only be processed once the person is in H4 status.

The start of the H4 status can of course be sometime in the future. But the EAD will only be processed when the H4 starts. And it still takes up to 90 days from that date for the EAD to be approved.

Hi JoeF,

 

This is what i wanted to know from the whole situation. EAD for H4's will only be processed once the person is in H4 status or not. I am not sure about this but are you 100% sure about this. If yes can you please provide me with any kind of reference links from USCIS or reliable sources because i need to show these references to my employer and other people who are saying that it is possible for H4- EAD for future date.

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Hi JoeF,

 

This is what i wanted to know from the whole situation. EAD for H4's will only be processed once the person is in H4 status or not. I am not sure about this but are you 100% sure about this. If yes can you please provide me with any kind of reference links from USCIS or reliable sources because i need to show these references to my employer and other people who are saying that it is possible for H4- EAD for future date.

 

See the application form. It requires that the person is in H4 status.

You can also contact an immigration lawyer.

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Hi JoeF,

 

This is what i wanted to know from the whole situation. EAD for H4's will only be processed once the person is in H4 status or not. I am not sure about this but are you 100% sure about this. If yes can you please provide me with any kind of reference links from USCIS or reliable sources because i need to show these references to my employer and other people who are saying that it is possible for H4- EAD for future date.

Read the provided link

http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

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